The Madras High Court dismissed two Criminal Original Petitions for bail filed by Ramadass, an accused faced with grave charges of penetrative sexual assault under the POCSO Act against minor victims, citing the gravity of allegations and the recorded victim statements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Second day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION Nos.19998 & 19999 of 2021
IN
SPL.C.C.NO.38 OF 2020
(ON THE FILE OF THE SESSIONS,(FAST TRACK MAHILA)JUDGE, NAMAKKAL)
RAMADASS
[PETITIONER/ACCUSED IN BOTH THE PETITIONS]
Vs
THE STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] INSPECTOR OF POLICE,
ALL WOMEN POLICE STATION, NAMAKKAL.
For Petitioner : M/S.AR M.ARUNACHALAM Advocate(IN BOTH THE PETITIONS)
For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
(IN BOTH THE PETITIONS)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
Crl.OP.No.19998 of 2021
The petitioner, who was arrested and remanded to judicial custody on 15.05.2020 for the alleged offences punishable under Sections 6,5(l), 5(m) of the POCSO Act, r/w Section 366 and 506(ii) of IPC in Spl.C.C.No.38 of 2020,on the file of the respondent police, seeks bail.
Crl.OP.No.19999 of 2021
The petitioner, who was arrested and remanded to judicial custody on 15.05.2020 for the alleged offences punishable under Sections 6, 5(l), 5(m) and 12 r/w 11(3) of the POCSO Act, r/w Section 366 and 506(ii) of IPC in Spl.C.C.No.37 of 2020, on the file of the respondent police, seeks bail.
Crl.OP.Nos.19998 and 19999 of 2021
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.
-sd/-
02/11/2021
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 SESSIONS,(FAST TRACK MAHILA)JUDGE, NAMAKKAL
2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM
3 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAMAKKAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.AR M ARUNACHALAM Advocate on payment of necessary charges
CRL OP.Nos.19998 & 19999 of 2021
RVR 19/11/2021
1 issue framed by the court
Whether bail should be granted to the accused charged with penetrative sexual assault under the POCSO Act.
3 provisions across 2 enactments
RAMADASS
THE STATE REP BY INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAMAKKAL
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
