Mohan Raj v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15262 of 2023 Mohan Raj ... Petitioner/Sole Accused

Vs The State represented by The Inspector of Police, Illupur Police Station, Illupur, Pudukottai District. (In Crime No.173 of 2023). ... Respondent/Complainant For Petitioner : M/s.Selvakumar.V.,

Advocate. For Respondent : Mr.B,Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.173 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 18.07.2023 for the offences under Sections 342, 450, 506(i) of IPC and section 5(1), 5(n) r/w 6(1) of Protection of Child from Sexual Offences (Amendment) Act, 2019, in crime No.173 of 2022, on the file of the respondent police seeks bail.

¶2The case of the prosecution is that the petitioner has committed aggravated penetrative sexual assault upon the victim girl. Hence, the complaint.

¶3Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

¶4The learned Additional Public Prosecutor appearing for the respondent police submitted that almost the investigation is over. He further submitted that if the petitioner is released on bail, there is a possibility of absconding.

¶5A perusal of CD file shows that against the victim's girl wish, the petitioner has committed aggravated penetrative sexual assault. Thereafter, she informed the same to the defacto complainant and his wife.

¶6Considering the submission made by the learned Additional Public Prosecutor, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/-

22/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA TO THE INSPECTOR OF POLICE ILLUPUR POLICE STATION, ILLUPUR, PUDUKOTTAI DISTRICT. THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. ORDER IN CRL OP(MD) No.15262 of 2023 Date :22/08/2023 SS/VRS/08/09/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023