In this bail petition under Section 439 Cr.P.C., the petitioner, accused of an offence under Section 4 POCSO Act, sought release. The High Court rejected the plea, citing serious allegations against him and refusing bail given the nature of the charge.
The petition for bail is dismissed. The petitioner is to remain in judicial 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 )
Tuesday, the Fourteenth day of December Two Thousand Twenty One
PRESENT
The Hon`ble Mrs Justice T.V. THAMILSELVI
CRIMINAL ORIGINAL PETITION No.24343 of 2021
BIKIRAJ SAKIYA [ PETITIONER / ACCUSED ]
Vs
STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-8, ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI DISTRICT. CR.NO.26/2021.
For Petitioner : M/S.P.MUTHAMIZHSELVAKUMAR 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 20.10.2021 for the offence under Section 4 of POCSO Act in Crime No.26 of 2021, on the file of the respondent police seeks bail.
4.The learned Government Advocate (Crl. Side) raised objection stating that petitioner is belonging to state of Assam, if the petitioner released on bail, there is a possibility to abscond and tamper the evidence. He further submits that the statement of the victim girl under Section 164 of Cr.P.C.
5.Considering the facts and circumstances of the case and there is serious allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.
-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, PUZHAL, CHENNAI
2 THE INSPECTOR OF POLICE, W-8, ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges
RVR 06/01/2022
2 issues framed by the court
Whether bail should be granted to the petitioner arrested under Section 4 of the POCSO Act who has been in judicial custody for over 40 days.
Whether the allegations of false implication and prior relationship justify granting bail despite serious charges.
2 provisions across 2 enactments
BIKIRAJ SAKIYA
STATE
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
