Sivakumar @ Sudalaiyandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Sivakumar @ Sudalaiyandi ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.17 of 2023.) ... Respondent/Complainant For Petitioner :

M/s. George Paul Anto.L, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.17 of 2023 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 11.07.2023 for the offences under Sections 376(3) and 506(ii) IPC and Sections 5(n), 5(1), 5(j)(ii) and 6 of POCSO Act in Crime No.17 of 2023 on the file of 1/3

the respondent police, seeks bail.

2.The case of the prosecution is that this petitioner committed penetrative sexual assault on the victim girl, who is aged about 15 years. The petitioner is aged about 57 years.

3.Heard the learned Counsel appearing on either side. 4.This Court carefully went through the section 164 Cr.P.C statement recorded from the victim girl. The victim girl has clearly stated that the petitioner was regularly abusing the victim girl and committing penetrative sexual assault and she has became pregnant and now it is confirmed through the DNA test that it is the petitioner, who is the father of the child.

5.Taking into consideration the facts and circumstances of the case and considering the gravity of the offence, this Court is not inclined to enlarge the petitioner on bail. Accordingly, this criminal original petition is dismissed. sd/- 12/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

2.The Superintendent, Central Prison, Palayamkottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.21855 of 2024 Date :12/12/2024 ED/ SKN /SAR- (26/12/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3