Petitioner sought bail under Section 439 Cr.P.C. for alleged rape and cheating. Court denied bail due to grave nature of offence, pending DNA test report, and incomplete investigation.
Application for bail under Section 439 Cr.P.C. dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Twenty Fifth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mrs Justice T.V. THAMILSELVI
CRIMINAL ORIGINAL PETITION No.19981 of 2021
S.ARVINDH KUMAR [ PETITIONER / ACCUSED ]
Vs
STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARNI,TIRUVANNAMALAI DISTRICT. CRIME NO.18 OF 2021.
[ RESPONDENT ]
For Petitioner : M/S.DHARANI KASINATHAN Advocate
For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
(The case has been heard through video conference)
The petitioner who was arrested and remanded to judicial custody on 02.10.2021 for the offences under Sections 417 and 376 of IPC, in Crime No.18 of 2021, on the file of the respondent police, seeks bail.
3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has been suffering incarceration for 55 days from 02.10.2021. Hence, he would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise objection stating the DNA test report is awaited and that the investigation has not been completed.
-sd/-
25/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE OFFICER INCHARGE, SUB JAIL, TIRUVANNAMALAI.
2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARNI,TIRUVANNAMALAI DISTRICT.
THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
+1 CC to M/S.DHARANI KASINATHAN Advocate on payment of necessary charges SR.NO.13610
RW 03/12/2021
2 issues framed by the court
Whether bail should be granted to the petitioner who was remanded for rape and cheating offences pending investigation and DNA test.
Whether the grave nature of the offence and the pending investigation warrant rejection of bail.
2 provisions across 2 enactments
S. Arvindh Kumar
State represented by the Inspector of Police, All Women Police Station, Arni
Justice T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
