Ashok Kumar v. The State Of Tamilnadu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.08.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12785 of 2020 Ashok Kumar ... Petitioner Vs.
The State of Tamil Nadu Rep. by The Inspector of Police, All Women Police Station, Ammapet, Salem District.
Crime No.10 of 2020.
... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with case in Crime No.10 of 2020 pending investigation on the file of the Respondent.
For Petitioner : Mr.A.V.Arun For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 26.05.2020 for the offences punishable under Section 6 r/w 5 (g) (l) (n) of Protection of Children from Sexual Offences Act (POCSO Act) and Section 506(1) IPC, in Crime No.10 of 2020, seeks bail.
2.The case of the prosecution as per the defacto complainant Sumathi is that her husband died few years back and that she had married the petitioner and that her minor daughter/victim through the first husband was studying in hostel and she had come to the house during December vacation and while she was in the house the petitioner had subjected her to rape and also threatened her and the further allegation is that the petitioner along with one Kumar had forcibly taken the girl to another house where both of them committed penetrative sexual assault and left her there. Hence the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and that since there was a misunderstanding between the defacto complainant and the petitioner, a false complaint has been given. He would submit that even as per the complaint, the defacto complainant has alleged that the petitioner had abandoned her and married a muslim girl and that is the motive for giving a false complaint. He would submit that the petitioner is in custody from 26.05.2020, for almost 90 days and major part of the investigation has been over and the co-accused has been detained under Act 14 and he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner is the step father of the minor victim girl.
The defacto complainant, the mother of the victim girl, Sumathi is a widow and the petitioner married her and while her daughter had come home during the December vacation, the petitioner had committed sexual assault during the absence of the defacto complainant. Further, the petitioner had also taken the victim along with his friend to another house and forcibly committed sexual assault on her. He would further submit that the investigation is completed and the final report has been filed on 19.08.2020 before the concerned Court. 5.Taking into consideration of the facts and circumstances, considering the submissions made by the learned counsels, this Court is not inclined to grant bail to the petitioner.
However, a direction is issued to the concerned Court to complete the trial as expeditiously as possible preferably within a period of six months from the date of lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier.
6. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 24/08/2020 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 SUPERINTENDENT, CENTRAL PRISON, SALEM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION AMMAPET, SALEM DISTRICT CC to M/S. A.V.ARUN Advocate on payment of necessary charges CRL OP.12785/2020 Date :24/08/2020 cs 07/09/2020