Madras High CourtCRL OP/8088/2022dismissed

Perumal @ Iyamprumal v. The State Rep By

2022-04-07Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8088 of 2022 IN SPL.C.C.NO.14 OF 2021 [On the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Chennai] PERUMAL @ IYAMPERUMAL [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, W-4 ALL WOMEN POLICE STATION, KILPAUK, CHENNAI 600010.

(CRIME NO.12 OF 2021) For Petitioner : M/S G.MANJU Advocate For Respondent : M/S.G.V.KASTHURI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein who was arrested for the offence under sections 5(1), 5(M), 6, 9(1) and (m), 10, 13, 14(1), 15, 16, 17 of POCSO Act, 2021 and Section 376 A and B of IPC and Section 66-E of IT Act, 2000 in Crime No.12 of 2022, has filed this petition seeking bail.

2.The petitioner herein has sexually assaulted 7 minor girls and the two victims were subjected to the sexual assault in connivance with their own mother. Therefore, the main perpetrator of the crime and the mother of the two victims are accused in this case where the prosecution has filed the final report and same is pending before the Special Court, for POCSO Act at Chennai. The first accused is before this Court seeking anctipatory bail stating that he was arrested on 29.08.2021 and that since the investigation has been completed, he may be released on bail.

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3.However, the learned Additional Public Prosecutor appearing for the respondent opposed grant of bail to the petitioner on the ground that all the victims are nearby the residence of the petitioner and the crime has been committed in connivance with the parents of the victim and therefore if bail is granted to the petitioner, there is every possibility of tampering the witnesses and the victim minor girls may not get justice.

4.On considering the fact that all the 7 victim minor girls have given Sections 164 of Cr.P.C. statement implicating the petitioner herein for alleged offence under section 5(l) read with Section 6 of POCSO Act, this Court is not inclined to grant bail in view of the fact that there is possibility of absconding by this petitioner and tampering of evidence. Hence, this Criminal Original Petition for bail is dismissed. The trial Court is directed to complete the trial as expeditiously as possible. -sd/- 07/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, W-4 ALL WOMEN POLICE STATION, KILPAUK, CHENNAI 600010.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL II, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S G.MANJU Advocate on payment of necessary charges CRL OP.8088/2022 Date :07/04/2022 MK:19/04/2022 https://hcservices.ecourts.gov.in/hcservices/