Madras High CourtCRL A/661/2025dismissed

Babu v. State, Rep. By

2025-06-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Babu .....

Appellant Vs State represented by The Inspector of Police, AWPS Dharmapuri, Cr.No.37/2024 .....

Respondent Prayer: Criminal Appeal is filed under Section 14A of SC/ST (POA) Act, to set aside the order of the learned Special Court for exclusive trial of cases under POCSO Act, Dharmapuri in Crl.M.P.No.58/2025 order dated 17.03.2025 and grant bail to the appellant / accused.

For Appellant : Mr.S.Irfan Basha For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

JUDGMENT

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This Criminal Appeal has been preferred as against the order of the learned Special Court for exclusive trial of cases under POCSO Act, Dharmapuri in Crl.M.P.No.58/2025 order dated 17.03.2025 thereby dismissing the application for bail.

2. In pursuant to registration of FIR in Cr.No.37/2024 for the offence punishable under Section 56(m)(n)(j)(ii) r/w. 8 of POCSO Act 2012, 5 (l)(m)(n)(j)(ii) r/w. 6 of POCSO Act, 2012 and 3(1)(w)(i) r/w. 3(2)(v) of SC/ST (POA) Act 2015 in Crime No.37/2024, the petitioner was arrested and remanded to judicial custody on 21.08.2024.

3. The case of the prosecution is that the victim was aged about 12 years. On perusal of the records it is revealed that the appellant had committed penetrative sexual assault on the victim on 12.11.2023. Even before that on 10.11.2023, the appellant misbehaved with the victim by kissing her. Due to the penetrative sexual assault, the victim got pregnant and she gave birth to a male child.

4. Since the petitioner had committed a very serious and heinous offence against the minor victim, the trial Court rightly dismissed the application. This 2/4

Court finds no infirmity or illegality in the order passed by the trial Court.

5. Accordingly, this Criminal Appeal is dismissed. No costs. 19.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Interned : Yes bkn To 1.The Special Court for exclusive trial of cases under POCSO Act, Dharmapuri.

2. The Inspector of Police, AWPS Dharmapuri.

3. The Public Prosecutor, Madras High Court.

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G.K.ILANTHIRAIYAN, J.

bkn 19.06.2025 4/4