Jeyaseelan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Jeyaseelan,

... Petitioner/Sole Accused

Vs State Rep.by The Inspector of Police, Sattur All Women Police Station, Sattur, Virudhunagar District. Crime No.11/2023.. ... Respondent/Complainant For Petitioner : C. Susikumar, Advocate. For Respondent : Mrs. M. Aasha,

Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.11/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who is arrayed as accused was arrested and remanded to Judicial Custody on 22.06.2023 for the offences punishable under sections 376(3) of IPC 7, 8 5

(j) (ii), 5(1) and 6 of Protection of Child from Sexual offences Act, 2012 in Crime No.11 of 2023 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that due to some quarrel with her husband the mother of the victim living with the petitioner. Her child also living with her. When the victim returned from school the petitioner herein had penetrative sexual assault up with the child so many times and that the victim child became pregnant. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he is in jail for the past 116 days and seeks bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner had committed the offence of penetrative sexual assault upon the minor victim and she is aged about only 14 years and now, the victim girl has became pregnant. She would further submit that the investigation was completed and the charge sheet has been filed and she strongly objected for granting bail to the petitioner.

¶5Considering the serious nature of offence committed by the petitioner and that the petitioner is only aged about 14 years and that she has become pregnant, this Court is not inclined to grant bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is dismissed. sd/- 18/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TRP TO THE INSPECTOR OF POLICE SATTUR ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT. THE OFFICER INCHARGE SUB JAIL, SRIVILLIPUTHUR. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.18713 of 2023 Date :18/10/2023 PKP/JGB/SAR- /07.11.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023