Criminal Original Petition for bail dismissed. Court rejected petitioner's plea against arrest and false case, citing grave nature of kidnapping, child marriage, and sexual assault allegations alongside incomplete investigation.
Petition for bail under Section 439 Cr.P.C. dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Twenty Third day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mrs Justice T.V.THAMILSELVI
CRIMINAL ORIGINAL PETITION No.21718 of 2021
SURESH [ PETITIONER / ACCUSED ]
Vs
THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT. (CR.NO.17/2021)
For Petitioner : M/S.A.SARANRAJ Advocate
For Respondent : MR.N.S.SUGANTHAN, Govt. 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 31.08.2021 for the offences under Sections 363, 294(b), 323 of IPC read with Section 5(l) and 6 of POCSO Act 2012 and Section 9 of Prohibition of Child Marriage Act, in Crime No.17 of 2021, on the file of the respondent police, seeks bail.
3.The learned counsel for the petitioner would submit that the petitioner and the victim were fell in love with each other and thereby a false case has been foisted against him. He would further submit that the petitioner has been suffering incarceration for about 85 days from 31.08.2021 and hence, he would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner kidnapped the victim child aged about 15 years and committed child marriage and also committed aggravated penetrative sexual assault on her and that the investigation has not been completed.
5.On seeing the grave nature of allegation and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/-
23/11/2021
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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.SARANRAJ Advocate on payment of necessary charges
CRL OP.21718/2021
Date :23/11/2021
CSK 02/11/2021
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under IPC and POCSO Act given the gravity of allegations and incomplete investigation.
1 provisions across 1 enactments
SURESH
THE STATE REP BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
