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Madras High CourtCRL OP/13640/2022dismissed

K.Babu v. The State Rep By Its,

2022-06-16Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G.JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13640 of 2022 IN SPL.S.C.No.47 OF 2022 (ON THE FILE OF FAST TRACK MAHILA COURT, TIRUPPUR) K.BABU [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUPPUR SOUTH, TIRUPPUR DISTRICT.

CRIME NO.1 OF 2022.

For Petitioner : M/S.C.SARAVANAN Advocate For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who was arrested and remanded to judicial custody on 25.01.2022, at the hands of the respondent police for the alleged offences under Sections 5(1) and 6 of the POCSO Act, in Crime No.1 of 2022 on the file of the respondent police.

2. On an earlier occasion, this Court dismissed the bail petition on the ground that if the petitioner is released on bail, there is every possibility of him tampering the witnesses, since the petitioner and the victim girl are living within close proximity and the petitioner has continuously exploited her for the past two years.

3. The learned counsel for the petitioner would state that on completion of investigation, a final report has been filed and the same has been taken on file in Spl.S.C.No.47 of 2022 by the Fast Track Mahila Court, Tiruppur, and posted for framing charges on 28.06.2022. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the alleged gravity of the offence and the personal liberty of the individual, this Court is of the view that the petitioner shall revive his bail petition after completion of examination and cross examination of the victim girl and the mother of the victim/defacto complainant.

5. With the above observation, this Criminal Original Petition is dismissed.

-sd/- 16/06/2022 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 FAST TRACK MAHILA COURT TIRUPPUR.

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUPPUR SOUTH, TIRUPPUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S.C.SARAVANAN, Advocate on payment of necessary charges CRL OP.13640/2022 Date :16/06/2022 TA-28/06/2022 https://hcservices.ecourts.gov.in/hcservices/