Siva v. The Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioners, who were arrested and remanded to judicial custody on 13.01.2023 for the offences punishable under Sections 417, 506(i) of IPC r/w Sections 5(1), 5(g), 6 of POCSO Act in Crime No.3 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant/victim, minor XXX, aged about 17 years, is that she was in love with one Simbu/A1 and on compulsion, A1 had committed penetrative sexual assault on her. On 12.01.2023, A1 had taken her to a secluded place and once again committedd penetrative sexual assault on her against her wish. At that time, two of his friends viz. A2 and A3, who were hiding in a bush, had come there and committed gang rape on her. Thereafter, A2 and A3 have threatened her by stating that they would expose the same to the villagers and thereafter, A1 had dropped her back in the village. Immediately, she informed to her sister, based on which, the case came to be registered.

3. The learned counsel for the petitioners would submit that this is the third application for bail and the earlier bail petition was dismissed in Crl.OP.No.11415 of 2023 dated 18.05.2023. He further submitted that though there are grounds available for bail, he is not pressing the bail application. He would further submit that only taking into consideration the period of incarceration, a direction may be issued to the Trial Court to complete the Trial in a speedy manner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that in this case, the final report has been filed and the case has been taken up for Trial in Spl.SC.No.62 of 2023 on the file of Special Court for Exclusive Trial of Cases under POCSO Act, Villupuram and it is stands posted to 01.08.2023 for questioning the accused. Hence, he opposed for the grant of bail to the petitioner.

5. Heard the learned counsel on both sides and perused the entire materials available on record including the First Information Report.

6. In view of the above submissions made by the learned counsel on either side, this petition stands dismissed. However, direction is issued to the learned Trial Judge to complete the trial as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

12.07.2023 drl

A.D.JAGADISH CHANDIRA. J.

drl 12.07.2023