In a bail petition under Section 439 Cr.P.C., the Court dismissed the petition. The applicant, charged with penetrative sexual assault under the POCSO Act causing pregnancy, was remanded to custody. The Court held that considering the grave nature of the offence, bail was not inclined to be granted.
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 Fourteenth day of December Two Thousand Twenty One
PRESENT
The Hon`ble Mrs Justice T.V. THAMILSELVI
CRIMINAL ORIGINAL PETITION No.23083 of 2021
CHANDHIRAMOORTHY [ PETITIONER / ACCUSED ]
Vs
THE STATE REP BY [ RESPONDENT ]
THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, KOTTAKUPPAM, VILLUPURAM DISTRICT. (CRIME NO.1 OF 2021)
For Petitioner : M/S.AE.RAVICHANDRAN 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 petitioner who was arrested and remanded to judicial custody on 05.01.2021 for the offence under Section 506(i), of IPC r/w Section 5(l), (n), J(ii) and 6 of POCSO Act in Crime No.1 of 2021, on the file of the respondent police, seek bail.
4.The learned Government Advocate (Crl. Side) raised objection stating that petitioner committed penetrative sexual against victim girl and she is pregnant for four months, the petitioner who is none other than second husband of her mother.
-sd/-
14/12/2021
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, KOTTAKUPPAM, VILLUPURAM DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.AE.RAVICHANDRAN Advocate on payment of necessary charges
RVR 04/01/2022
2 issues framed by the court
Whether bail should be granted to an accused arrested under Section 506 IPC and POCSO Act while remanded to judicial custody.
Whether the grave nature of the offence involving penetrative sexual assault and pregnancy of the victim bars the grant of bail.
2 provisions across 2 enactments
CHANDHIRAMOORTHY
THE STATE
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
