Madras High CourtCRL OP/20950/2020allowed

Arumugam@Kumar v. The Inspector Of Police

2020-12-30Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2020

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.20950 of 2020 Arumugam @ Kumar .. Petitioner Vs.

The Inspector of Police .. Respondent All Women Police Station Arani Tiruvannamalai District (Crime No.1 of 2018) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No. 83 of 2020 pending investigation on the file of the respondent police. For Petitioners: Mr.K.Subash For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) This case was registered under Sections 109, 376(1), 376 (2)(n) of IPC r/w 6,4,5(i), 17, 22(1) of POCSO Act 2012 in Crime No.1 of 2018 on the file of the respondent Police. 2.The learned counsel for the petitioner would submit that A1, A2, A3 & A5 have already been arrested and release on bail. He further submitted that a Final Report has been filed in this case and the case was taken cognizance in Special C.C.No.83 of 2020 on the file of Special Sessions Court exclusive trial case under the POCSO at Thiruvannamalai.

3.The learned Government Advocate (Crl.side) would submit that NBW was issued against the petitioner.

4.The case had been taken up on file and it is pending for trial and due to the non appearance of the accused, the progress in this case is delayed. This Court is of the considered view that the petitioner may be directed to surrender before the learned Special Court for exclusive trial and seek bail. Accordingly, the petitioner is directed to surrender before the Special Sessions Court Exclusive trial case under the POCSO Act at https://hcservices.ecourts.gov.in/hcservices/

Thiruvannamalai and after his surrender, the learned trial Judge is directed to dispose of the bail application on the same day on merits.

5.With the above directions, the Criminal Original Petition is closed.

-sd/- 30/12/2020 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 SPECIAL SESSIONS COURT EXCLUSIVE TRIAL CASE UNDER THE POCSO ACT, TIRUVANNAMALAI.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARANI, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. K.SUBASH Advocate on payment of necessary charges CRL OP.20950/2020 Date :30/12/2020 MN-18/01/2021 https://hcservices.ecourts.gov.in/hcservices/