The High Court dismissed the third bail petition filed by the petitioner charged with kidnapping and rape under the POCSO Act. Finding no change in circumstances since previous dismissals based on the heinous nature of the offence, the court refused to grant bail under Section 439 Cr.P.C.
Bail petition dismissed; petitioner to remain in custody.
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 )
Monday, the Twenty Ninth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.22641 of 2021
SUBASH
[ PETITIONER / ACCUSED ]
Vs
THE STATE REP.BY THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, GINGEE.
[ RESPONDENT ]
CRIME NO. 2/2020.
For Petitioner : M/S. S. NATARAJAN Advocate
For Respondent : MR. S.BALAJI, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner who was arrested by the respondent police for offence under Sections 366 of I.P.C r/w Sec.5(g), 6, 8 of Protection of Children from Sexual Offences Act, 2012 in Crime No.2 of 2020, seeks bail.
-sd/-
29/11/2021
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 SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
2 THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, GINGEE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. S. NATARAJAN Advocate on payment of necessary charges
CRL OP.22641/2021
Date :29/11/2021
RW 07/12/2021
1 issue framed by the court
Whether bail should be granted to the petitioner who had been twice previously denied bail for committing a heinous offence without a change in circumstances.
2 provisions across 2 enactments
Subash
The State Rep.By the Station House Officer, All Women Police Station, Gingee
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
