P.Dhineskumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN P.Dhineshkumar ... Petitioner/Sole Accused Vs State, represented by The Sub-Inspector of Police, Pudukottai All Women Police Station, Pudukottai District.

(Crime No.8 of 2023).

... Respondent/Complainant For Petitioner :

Mr.Vaigunth.A.S, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.8 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 12.07.2023 for the alleged offence under Sections 5(l), 5(j)(ii) r/w 6(l) of Protection of Child From Sexual Offences Act, 2019, in Crime No.8 of 2023, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the victim girl, who is aged about 16 years, was studying in 10th standard. The petitioner committed penetrative sexual assault upon the victim girl. Since that was repeatedly committed, the victim became pregnant and later delivered a child on 23.07.2023. Later, the child died on 25.07.2023. In the meantime, the accused refused to marry her. At that time, she was threatened by the accused person and he went to Kerala. Hence, the complaint. 3.Even though it has been stated by the learned counsel for the petitioner that the petitioner is ready to marry the victim girl, now the victim is aged about 16+ only. 4.The learned Additional Public Prosecutor would submit that Final Report has been filed before the concerned Judicial Magistrate Court, but it has not been taken on file so far.

5.Considering the grievous nature of the allegations made against the petitioner, he is not entitled for any discretionary relief at this stage. I find no change in circumstances. Hence, this petition deserves dismissal and accordingly dismissed. sd/- 30/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE SUB INSPECTOR OF POLICE, PUDUKKOTTAI ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.

2 THE SUPERINTEDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.19128 of 2023 Date :30/10/2023 RS/JGB/SAR-(01.11.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3