Shanmugavel v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:8.11.2023 PRESENT THE HON'BLE MR.JUSTICE G.ILANGOVAN Shanmugavel ... Petitioner/Sole Accused Vs.

The State Rep through Sub Inspector of Police, Kadambur All Women Police Station, Thoothukudi District.

(Crime No.06 of 2023) ... Respondent /Complainant For Petitioner : Mr.S.Sarvagan Prabhu For Respondent : Mr.R.M.Anbunithi Addl.Public Prosecutor Petition for bail under Section 482 of the Criminal Procedure Code Prayer :

For bail in Crime No. 06/2023 on the file of the Respondent Police. ORDER : The Court made the following order:

The petitioner / sole accused herein, who was arrested on 14.08.2023 for the offence punishable under Sections 450, 376(2)(k) r/w. 511 IPC in Crime No.06 of 2023, on the file of the respondent police Seeks bail. 1/3

2.The case of the prosecution is that on 13.08.2023 at about 2.00 am, the petitioner trespassed into the house of the defacto complaint and attempted to rape his daughter, who is mentally retarded. When the defacto complainant intervened, the petitioner escaped from the house of the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that it is a second bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 20.09.2023 in Crl.O.P(MD).No.16708 of 2023 and the petitioner is in judicial custody from 14.08.2023 seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that investigation in this case is almost completed and the final report will be filed shortly.

5. Considering the serious nature of allegations made against the petitioner and that the victim girl is mentally retarded child, the investigation is almost completed, this Court is not inclined to grant bail to the petitioner, if granted he will either abscond or tamper the evidence.

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6. Accordingly, this Criminal Original Petition is dismissed. sd/- 08/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.THE OFFICER IN CHARGE, SUB JAIL, KOVILPATTI, THOOTHUKUDI DISTRICT.

2.THE SUB INSPECTOR OF POLICE, KADAMBUR ALL WOMEN POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-16098[I] dated 09/11/2023 )

ORDER

IN CRL OP(MD) No.19239 of 2023 Date :08/11/2023 RK/VR (18/12/2023) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3