Parameshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Parameshwaran ... Petitioner/Accused Vs The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

Crime No.12 of 2023..

... Respondent/Complainant For Petitioner : M/s.Sivakumar S, Advocate. For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PRAYER :- For Bail in Crime No.12 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused, who arrayed as accused was arrested and remanded to judicial custody on 31.05.2023 for the offences punishable under Sections 366(A), 376(3) IPC and Section 5(1) and 6 of POCSO Act, in Crime NO. 12 of 2023, on the file of the respondent police seeks bail.

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2. The case of the prosecution is that A1 and the victim girl had love affair and that A1 kidnapped the victim girl with the help of the petitioner / A2 and thereafter, the petitioner herein / A2 had penetrative sexual assault on the victim girl without her consent. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his names has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 31.05.2023 and seeks bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that A1 and the victim girl had love affair and that A1 kidnapped the victim girl with the help of the petitioner / A2 and thereafter, the petitioner herein had penetrative sexual assault on the victim girl without her consent. He would further submit that the investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioner. 2/3

5. Considering the facts and circumstances and also considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal Original Petition is dismissed. sd/- 05/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1.The Inspector of Police, All Women Police Station, Marthandam, 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.21882 of 2023 Date :05/12/2023 RK/DD (14/12/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3