Madras High CourtCRL OP/9949/2022dismissed

Bharathi v. The State Rep By

2022-04-28Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9949 of 2022 IN SPL.S.C.NO.170 OF 2021 (ON THE FILE OF THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT 2012 VELLORE) BHARATHI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VANIYAMBADI, THIRUPATHUR DISTRICT.

CR.NO. 1/2022.

For Petitioner : M/S. T.SARAVANAN 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, who was arrested and remanded to judicial custody on 16.11.2021, at the hands of the respondent police for the alleged offences under sections 376 AB, 506(i), 354 A(1)(i), 506(2), 509, 294(b) of IPC and Section 6 read with 5(m), 5(n), 5(1), 9(m), 9(n) and 10 of POCSO Act of 2012, in Crime No. 1 of 2021 on the file of the respondent police seeks bail.

2. The learned Additional Public Prosecutor opposed grant of bail to the petitioner on the ground that investigation is completed and final report is also taken on file on Spl.S.C.No. 179 of 2022 and the case is posted to 01.07.2022 for framing of charges and if the petitioner is released on bail, there is every possibility of tampering the witness.

https://hcservices.ecourts.gov.in/hcservices/

3. On an earlier occasion, this Court dismissed the bail petition on the ground that the victim girl's mother and the petitioner herein are living under the same roof and if the petitioner is released on bail, there is possibility of tampering the witness and the justice to the victim girl will be deprived.

4. In view of the above, this Court finds that no change in circumstances to revisit the earlier order. Hence, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. However, the Respondent Police is directed to marshal the witnesses without any deviation and complete the trial within a period of three months from the date of receipt of copy of this Order. -sd/- 28/04/2022 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 JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT 2012 VELLORE, VELLORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VANIYAMBADI, THIRUPATHUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. T.SARAVANAN Advocate on payment of necessary charges CRL OP.9949/2022 Date :28/04/2022 RVR 06/05/2022 https://hcservices.ecourts.gov.in/hcservices/