Vinoth Joshua v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vinoth Joshua ... Petitioner / Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

(In Crime No.2/2023) ... Respondent For Petitioner :

M/s.V.Angusamy, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.2 of 2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/ Accused was arrested and remanded to judicial custody on 19.06.2023 for the offences under Sections 5(1), 6 of Protection of Children from Sexual Offence Act, 2012 and Section 506(2) of IPC in Crime No.2 of 2023, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the defacto complainant, who is a victim girl at the time of occurrence, used to go to music class conducted by the Church on Sundays. The petitioner who is conducting music class, in the year 2018, had sexual intercourse with her and threatened her not to tell about this incident to anyone and continued to do the same on every Sunday by threatening the victim girl. Now she got married with one Immanuvelraj and eight months pregnant. The petitioner has compelled her to have sexual relationship even after her marriage. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. There existed an enmity between the defacto complainant's father and the petitioner over the post of priest.

4. Learned Government Advocate (Crl.side) would submit that after the marriage of the victim girl, again the petitioner involved in sending message to her and making threat and also spoiling her married life.

5. Considering the facts and circumstances of this case, if the petitioner is released on bail, he may tamper the witnesses. After examination of material witnesses are over, the petitioner can revive the application. This Court is not inclined to grant relief to the petitioner.

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6. With liberty, this Criminal Original Petition is dismissed. sd/- 25/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KADAMBUR, THOOTHUKUDI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PERURANI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17231 of 2023 Date :25/09/2023 RS/VRS/SAR-(16.10.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3