Madras High Court
K.Jaikrishnan vs State Rep. By on 30 April, 2021
Crl.A.No.192 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.A.No.192 of 2021
K.Jaikrishnan ... Appellant
Vs.
1.State Rep. by
The Inspector of Police,
All Women Police Station,
Pennagaram,
Dharmapuri District.
(Crime No.4 of 2021)
2.The Deputy Superintendent of Police,
Dharmapuri District.
3.Muniammal ... Respondents
PRAYER: Criminal Appeal is filed under Section 14(A)(2) of the Schedule Caste /
Schedule Tribe Prevention of Atrocities Act, 1989, to set aside the the order
passed by the Fast Track Mahila Court, Dharmapuri and to grant bail to the
appellant in connection with the above Crime No.4 of 2021, pending
investigation before the respondent-Police.
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Crl.A.No.192 of 2021
For Appellant : Ms.Manjula Chavan
For Respondent : Mr.K.Mathan
Government Advocate (Criminal Side)
JUDGMENT
This Criminal Appeal has been filed by the Appellant/accused as against
the order of dismissal of the bail application in Crl.MP.No.76 of 2021, dated
01.03.2021, passed by the learned Judge, Fast Track Mahila Court, Dharmapuri.
2.The short facts of the prosecution of the case is hereunder:
The appellant/accused belongs to Hindu Vaniar Community and one
Muniammal, gave a complaint to the respondent-Police on 30.01.2021, stating
that the appellant had intercourse with her second daughter, viz., Revathi on
26.01.2021, by use of knife threat. Based on the said complaint, a case was
registered in Crime No.4 of 2021 against the appellant for the offence under
Sections 3 r/w 4 of the Protection of the Child from Sexual Offences Act, 2012,
Section 506 (2) of IPC, and Section 3(1)(w)(i) and 3 (2)(v) of SC/ST (Prevention
of Atrocities) Act, 1989 and the appellant was arrested on 31.01.2021.
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Crl.A.No.192 of 2021
3. The learned counsel for the appellant would submit that the appellant
is an innocent and he is no way connected with the offences as alleged and the
appellant is hailing from a respectable family. It is further submitted that the
appellant is a patient suffering from Chronic diabetic and he is under treatment
and also suffering from Asthma and if he is to be continued detained in jail, it
will endanger to his life. However, the learned Judge, without considering the
facts, dismissed the bail petition, and hence prays for setting aside the order
passed by the learned Judge, and to grant bail to the appellant.
4. The learned Government Advocate (Criminal Side) would submit that
the appellant was arrested on 31.01.2021 and the charge sheet has not been
filed so far. However the learned Trial Judge, taking into consideration the
heinous nature of the offences, had dismissed the bail.
5. This Court heard the learned counsel on either side and also perused
the materials placed on record.
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Crl.A.No.192 of 2021
6. Considering the facts and circumstances of the case and also
considering the serious nature of the offence, and also considering the fact that
the victim girl is aged about 12 years, and also taking note of the fact that
charge sheet not yet filed, this Court is not inclined to allow this Appeal and
confirms the order of dismissal passed by the learned Judge, Fast Track Mahila
Court, Dharmapuri, in the bail petition in Cr.M.P.No.76 of 2021. Accordingly,
this Criminal Appeal is dismissed.
30.04.2021
Speaking Order / Non-speaking order
Index : Yes / No.
Internet : Yes.
rns
https://www.mhc.tn.gov.in/judis/
Crl.A.No.192 of 2021
To
1.The Inspector of Police,
All Women Police Station,
Pennagaram,
Dharmapuri District.
2.The Deputy Superintendent of Police,
Dharmapuri District.
3. The Fast Track Mahila Court,
Dharmapuri.
4.The Public Prosecutor,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.192 of 2021
P.VELMURUGAN, J.
rns
Crl.A.No.192 of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
