Ahamad v. Inspector Of Police
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.9811 of 2022 IN SPL.SC.NO.47/2021 (On the file of the Special Sessions Judge for Exclusive Trial Under POCSO Act Cases, Chennai) AHAMAD [ PETITIONER / ACCUSED ] Vs INSPECTOR OF POLICE [ RESPONDENT ] W-16 ALL WOMEN POLICE STATION, CHENNAI For Petitioner : M/S. M. HUSSAINI BASHA 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 12.10.2020, at the hands of the respondent police for the alleged offences under sections 363 IPC and under section 9(m) read with 10 and 11 (2) read with 12 of POCSO Act, in Crime No.15 of 2020 on the file of the respondent police seeks bail.
2. The learned Additional Public Prosecutor submits that investigation completed and date for trial has already been fixed. He further submits that the petitioner is a floater/ platform dweller, if he released on bail, it will be difficult for completion of trial.
3. The learned counsel for the petitioner submits that the petitioner is in prison for more than 18 months and there is no progress in the trial and he is ready to furnish solvency sureties.
4. Taking note of the rival submissions and the gravity of the offence, this Court while dismissing the bail petition, directs the trial Court to complete the trial within 60 days from the date of https://hcservices.ecourts.gov.in/hcservices/
receipt of copy of this Order and if the prosecution is unable to complete the trial within the said period, the petitioner is granted liberty to approach this Court for bail.
5. Accordingly, this Criminal Original petition is dismissed with the above direction.
-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 SESSIONS JUDGE FOR EXCLUSIVE TRIAL UNDER POCSO ACT CASES, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON PUZHAL JAIL, CHENNAI 3 INSPECTOR OF POLICE W-16 ALL WOMEN POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. M. HUSSAINI BASHA Advocate on payment of necessary charges CRL OP.9811/2022 Date :28/04/2022 RVR 06/05/2022 https://hcservices.ecourts.gov.in/hcservices/