Ganesh @ Ganesan 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 Ganesh @ Ganesan ... Petitioner/Accused No.1

Vs The State rep.by, The Inspector of Police, Sivagiri Police Station, Tirunelveli District. Crime No. 300 of 2023. ... Respondent/Complainant For Petitioner : S. Maya Perumal,

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.300 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/accused, who arrayed as accused was arrested and remanded to judicial custody on 16.08.2023 for the offences punishale under Sections Girl Missing @ u/s. 366(A) and u/s. 3 r/w. 4(2) of Protection of Children from Sexual Offences Act, 2012 in Crime NO. 300 of 2023, on the file of the respondent police seeks bail.

¶2The case of the prosecution is that on 14.08.2023, when the defacto complainant's daughter was in her house, the petitioner came on a two wheeler and forcibly picked up the victim girl and sexually assaulted her. Hence, the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioner never kidnapped the victim girl. He would further submit that that the petitioner herein and the victim loved with each other and hence, a false complaint has been given by the mother of the petitioner and seeks bail.

¶4The learned Government Advocate (Crl. Side) would submit that the petitioner forcibly picked up the victim girl from the house of the defacto complainant and sexually assaulted her. She further submitted that the victim is only aged about 15 years and hence, strongly objected to grant bail the petitioner.

¶5Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

¶6Considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant bail to the petitioner. Hence, 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

1.THE OFFICER IN CHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

2.THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT.

¶3THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.18772 of 2023 Date :18/10/2023 RK/JGB (21/11/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023