Allauddin v. Inspector Of Police
T.V.THAMILSELVI, J.
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 28.01.2022, seeking bail in Spl.S.C.No.77 of 2023 pending trial on the file of the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chengalpattu, in connection with Crime No.1 of 2022 for the alleged offences punishable under Sections 370 & 506(ii) of IPC r/w Section 66E of Information Technology Act, 2000 and Sections 4 & 5 of Immoral Trafficking (Protection) Act, 1956 r/w Section 75 of Juvenile Justice Act and Section 6 of Protection of Children from Sexual Offences Act, 2012.
2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence and has been suffering incarceration from 28.01.2022. He also submitted that the investigation in this case has been completed and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, hence, he prayed for bail.
3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that, the accused, induced the minor victim girls, who hail from the states of Tripura and Kolkata, under the guise of getting a job, and forcefully indulged them in prostitution. Further, the accused have brutally assaulted them with belt, wooden logs and knife and also taken their obscene photos and videos. Thereby, the case in Crime No.1 of 2022 has came to be registered by the respondent Police.
4. He further submitted that four victim girls were secured and their statement under Section 164 Cr.P.C., has also been recorded from them. He also submitted that there are four accused in this case and the petitioner herein is arrayed as A2. He further submitted that the charge sheet has been filed in this case and it was taken up for trial in Spl.S.C.No.77 of 2023 pending trial on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chengalpattu, and now the case stands posted for questioning. Further, the applications for bail filed by the co-accused have also been dismissed by this Court very recently on 09.07.2024 with a direction to the learned trial Judge. He also submitted
that if the petitioner is released on bail, there is every possibility of him absconding and not available for trial proceedings.
5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned Government Advocate (Criminal Side) and taking note of the fact that the case has taken up for trial and also considering the nature and the gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, the Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to take steps to complete the trial as expeditiously as possible and strictly comply with the order passed by this Court in Crl.O.P.Nos.15713 & 15797 of 2024 dated 09.07.2024. 16.07.2024 ham
T.V.THAMILSELVI,J.
ham 16.07.2024