Aadhina Pandian @ Pandiyan v. The Inspector Of Police

CRL OP(MD). No.20719 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20719 of 2022 Aadhina Pandian @ Pandiyan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Othakadai, Madurai District.

(Fir in Crime No.316/2022).

... Respondent/Complainant For Petitioner : M/s.Vishnuvarthan P M, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr No.316/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 20.10.2022 for the offences punishable under Sections 7 & 8 of POCSO Act, in crime No.316 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the de-facto complainant is the father of the victim girl. On 11.10.2022 the petitioner misbehaved with the daughter of the defacto complainant, who is aged about 10 years. Hence, this complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that already there was enmity between the petitioner and the defacto complainant regarding to election motive and pathway dispute. Due to which, this false case has been foisted against the petitioner. Further, the petitioner is in judicial custody from 20.10.2022, hence he may be released on bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20719 of 2022 4.The learned Additional Public Prosecutor would submit that the victim girl is aged about 10 years. Serious allegation has been made against the petitioner and the investigation is yet to be completed. Hence, he strongly opposed to grant bail. 5.Considering the facts and circumstances of the case and also considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 23/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, OTHAKADAI, MADURAI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.VISHNUVARTHAN P M Advocate SR.No.13561

ORDER

IN CRL OP(MD) No.20719 of 2022 Date :23/11/2022 DSS SA/VR/SAR.3/30.11.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2