Manivannan v. State Represented By

C.V.KARTHIKEYAN, J.

The petitioner seeks bail in Spl.S.C.No.74 of 2023 now pending before the Fast Track Mahila Court at Erode. It is stated that the petitioner is the first accused in Crime No.9 of 2023, registered by the respondent police for the offences punishable under Sections 5(m), 5(n),16 and 17 of POCSO Act, 2012 and Section 506(i) of I.P.C.

2. The petitioner is the step father of the victim child and the second accused is the mother of the victim girl.

3. It is stated that taking advantage of his position as step father, he had committed the offence as stated above.

4. A perusal of the statement recorded under Section 164 of Cr.P.C of the victim child very clearly shows that she had reiterated the statements in the complaint.

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5. This is the fourth bail application filed by the petitioner. It is stated that the trial has now been completed to substantial extent and the Investigating officer has to be examined. It is the choice of the learned counsel for the accused to cross examine or not to cross examine or to file an application seeking to recall the witness for the cross examination. It is also stated that one victim child had committed suicide.

6. However, a direction is given to the learned Sessions Judge to proceed further with the trial in Spl.S.C.No.74 of 2023 before the Sessions Magalir Neethi Mandram ( Fast Track Mahila Court), Erode 7.With the above observations, this Criminal Original petition stands dismissed.

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C.V.KARTHIKEYAN , J.

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