Vignesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.12220 of 2022 IN SPL.S.C.12/2021 (On the file of Learned Special Court for Exclusive Trial of Cases under POSCO Act, Cuddalore) VIGNESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NEYVELI, CUDDALORE DISTRICT.

(CRIME NO.16/2020) For Petitioner : M/S R.THIRUMOORTHY Advocate For Respondent : MR.S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) 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 31.08.2021 for the alleged offence under Sections 506(i) of IPC and 3 r/w 4 of POCSO Act, 2012 in Crime No.16 of 2020 on the file of the respondent police, seeks bail.

2. The learned Government Advocate (Crl.Side) appearing for the State strongly oppose for extension of interim bail granted by this Court on the ground that the petitioner herein has failed to comply the bail condition and he is delaying the trial by not examining the witnesses. His conduct is directly in contravention to the bail condition paragraph No.5 (c) imposed by this Court vide order dated 23.05.2022.

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3. The learned counsel appearing for the petitioner states that the petitioner has filed a petition under Section 311 of Cr.P.C., to recall PW-1 to PW-10 and the same was partly allowed on condition. Against which he preferred the petition before the trial Court and the same was allowed on 21.06.2022. Therefore, he submitted that his failure to cross examine the witnesses is not wilful.

4. This Court finds earlier when bail granted to this petitioner, he has threatened the victim and therefore, the bail was cancelled. Now, when interim bail granted, he has failed to comply the bail condition. For the said reasons, this Court is not inclined to grant bail. Hence, this Criminal Original Petition is dismissed. -sd/- 27/06/2022 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, CUDDALORE 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NEYVELI, CUDDALORE DISTRICT 3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.12220/2022 Date :27/06/2022 CSK 01/07/2022 https://hcservices.ecourts.gov.in/hcservices/