Masanam @ Ajithkumar v. The Inspector of Police

CRL OP(MD). No.5550 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5550 of 2023 Masanam @ Ajithkumar ... Petitioner / Sole Accused Vs The State Rep by The Inspector of Police, Pathamadai Police Station, Tirunelveli District. (Crime No.25/2023). ... Respondent / Complainant For Petitioner : M/s.Sathya Chidambaram S, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.25/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 20.02.2023 for the offence punishable under Sections 376(2)(1) of IPC in crime No.25 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein who is aged about 23 years had committed rape on the victim , hence the case.

¶3Heard both sides and perused the materials available on record including the First Information Report and also the statement of the victim recorded under section 164 of Cr.P.C.

¶4It is seen that the victim is a mentally retarded person and utilizing the said circumstances the petitioner had committed rape on her. Hence he has committed a very serious and heinous CRL OP(MD). No.5550 of 2023 offence as against the victim, therefore this Court is not inclined to grant bail to the petitioner.

¶5In the result, the petition stands dismissed. sd/- 24/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV To

1.The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

2.The Superintendent, Central Prison, Palayamkottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.5550 of 2023 Date :24/03/2023 ED/BUC/SAR-1 (29/03/2023) 2P 4C