Madras High CourtCRL A/267/2020dismissed

Dinesh Ruban v. State Rep. By

2020-07-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.07.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.A.No.267 of 2020 Dinesh Ruban .. Appellant Vs.

1.State rep. by Inspector of Police Shevapet Police Station Salem, Salem District (Cr.No.467 of 2019) 2.Vaishnavi .. Respondents Criminal Appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Amendment) Act, 2015 read with 374(3) Cr.P.C. to set aside the order passed in bail petition in Crl.M.P.No.16 of 2020 in Spl.S.C.No.6 of 2020 dated 03.06.2020 on the file of Special Court for exclusive trial of cases under POCSO Act, Salem and enlarge the appellant on bail pending trial in Spl.S.C.No.6 of 2020 on the file of the Special Court for exclusive trial of cases under POCSO Act.

For Appellant : Mr.W.Camyles Gandhi For 1st Respondent : Mr.K.Madhan Govt. Advocate (Crl. Side) For 2nd Respondent : No appearance

J U D G M E N T

This Criminal Appeal has been preferred seeking to set aside the order dated 03.06.2020 passed by the Special Court for exclusive trial of cases under POCSO Act, Salem in Crl.M.P.No.160 of 2020 dismissing the bail petition filed by the appellant in crime No.467 of 2019.

2.It is the case of the prosecution that the appellant along with A-2 had sexually abused the minor child of A-2. After the case was registered, the appellant went into abscondence and was arrested after great efforts. Though charge sheet is filed in this case, the appellant will not be entitled to be released on bail as he is likely to tamper with the evidence, since the victim is none other than the daughter of A-2.

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

3.In such view of the matter, this appeal is dismissed for the present. It is always open to the appellant to move the trial Court with a fresh bail application, after a lapse of reasonable time.

Sd/- Assistant Registrar(Co mdu) //True Copy// Sub Assistant Registrar gya To 1.The Special Court for exclusive trial of cases under POCSO Act Salem 2.The Inspector of Police Shevapet Police Station Salem, Salem District 3.The Superintendent Central Prison, Salem 4.The Public Prosecutor High Court, Madras CRL.A.No.267 of 2020 A.SK(20/08/2020) https://hcservices.ecourts.gov.in/hcservices/