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Madras High CourtCRL OP/21774/2022dismissed

S.Ilayaraja v. State Rep By

2022-09-09Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 25.01.2022 for the alleged offences punishable under Sections 5(1) & 6 of Protection of Child from Sexual Offences Act, 2012 in Crime No.1 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with the other accused induced the minor girl and committed repeated penetrative sexual assault on her for the past three years. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and the present case has been falsely foisted against him. He would further submit that there existed a grave delay in lodging the complaint before the respondent

Police. He would also submit that the investigation has been completed and the final report has also been filed in Spl.S.C.No.47 of 2022 on the file of the learned Sessions Judge, Magalir Neethimandram, (FTMC), Tiruppur and thereby, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner, whose age is about 32 years, had ravished the minor girl and along with his friend, induced her and committed penetrative sexual assault on her. He would also submit that the investigation has completed and the final report has also been taken on the file of the learned Sessions Judge, Magalir Neethimandram, (FTMC), Tiruppur in Spl.S.C.No.47 of 2022 and the case is now posted on 14.09.2022 for examination of LW1. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the allegations as against the petitioner and taking note of the fact that the case now stands posted for examination of LW1, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. 09.09.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 09.09.2022