Mani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.13287 of 2021 MANI [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR.

CR.NO.13 OF 2020.

For Petitioner : M/S.K.SELVARANGAN Advocate For Respondent : MR. S.SUGENDRAN, 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 23.06.2020 for the alleged offence under Section 3 which is punishable under Section 4 of POCSO Act in Crime No.13 of 2020 on the file of the respondent police, seeks bail. 2.The petitioner is facing trial in Spl.S.C.No.37 of 2020 on the file of the Mahila Court, Perambalur. The case of the prosecution is that on 22.06.2020, the petitioner/accused said to have taken the victim girl, who is aged about 13 years and misbehaved with her. When the de facto complainant went in search of cow, heard the cry of victim girl and he questioned the act of the accused and rescued the victim girl. Hence, the complaint has been registered against the petitioner.

3.The learned counsel for the petitioner would submit that the petitioner was in custody from 23.06.2020 and earlier bail petitions were dismissed, since the petitioner was detained under Act 14/82 and filed H.C.P.No.1974 of 2020 and now the said petition is disposed of. He would further submit that due to previous enmity between the petitioner and de facto complainant a false complaint has been foisted against him and hence, he prayed for grant bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) would submit that charge sheet filed, trial commenced and all the witnesses have been examined, except the investigating officer. Therefore, if the petitioner is released on bail there is possibility of tampering the witnesses and destroy the material evidence and trial would be protracted.

5.Heard both sides.

6. In view of the above facts and also considering the serious nature of the offence, which is punishable under the POCSO Act, the earlier bail petitions were dismissed by this Court on 29.03.2021 and 14.06.2021, respectively and there is no change of circumstances in this case, this Court is not inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/08/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.SELVARANGAN Advocate on payment of necessary charges SR.NO. 8142 CRL OP.13287/2021 Date :03/08/2021 RW 06/08/2021 https://hcservices.ecourts.gov.in/hcservices/