Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI RAMAKRISHNAN ... PETITIONER/ACCUSED 1 Vs THE INSPECTOR OF POLICE NACHIYARPURAM POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.80/2022.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.ALWIN BALAN.P.P. Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:- FOR BAIL IN CRIME NO.80/2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 22.11.2022, for the offence punishable under Sections 5(m)(n) r/w Sections 6 and 17 of 1/3

POCSO Act and Section 3(a) r/w 6 of the Protection of Child from Sexual Offences Act, 2012, in Crime No.80 of 2022, seeks bail. 2.The case of the prosecution is that the defacto complainant has married one Renuka/A2 and out of the wedlock, they were blessed with two female children. Due to some family dispute, the wife of the defacto complainant had approached the petitioner for solving the dispute which leads his wife to have illegal relationship with the petitioner. Both the wife of the defacto complainant and the petitioner sexually abused the children. Hence the case. 3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the four application for bail and the earlier bail applications filed by the petitioner were dismissed by this Court on the ground that he has committed penetrative sexual assault on the two victim children, who are aged about 8 and 10 years respectively. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case. 5.Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

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6.In the result, this Criminal Original Petition is dismissed. sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2 THE INSPECTOR OF POLICE NACHIYARPURAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.P..P.ALWIN BALAN, Advocate ( SR-259[I] dated 05/01/2024 )

ORDER

IN Date :03/01/2024 SA/VR/SAR. /11.01.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3