Madras High CourtCRL OP/24682/2021disposed of

Moorthy v. State Rep By

2021-12-23Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24682 of 2021 MOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, MANGALAM POLICE STATION, PONDICHERRY.

(CRIME NO. 205/2020) For Petitioner : M/S.M.KARTHIK Advocate For Respondent : MR.V.BALAMURUGANE, Additional Public Prosecutor for Puducherry.

PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 19.01.2021 for the offences under Section 6, 10, 12 of POCSO Act 2012 and Section 14 of Labour (Prohibition and Regulation) Act 1986 and Section 75 of Juvenile Justice (Care and Protection of Children ) Act 2015 in crime No.205 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with accused persons had committed penetrative sexual assault against the victims and caused cruelty against the victim children. Hence, the complaint.

3. The learned counsel for the petitioner would submit that petitioner was no way connected in this case and he was falsely implicated in this case and he was suffering incarceration for more than 10 months from 19.01.2021. He prays to grant bail to the petitioner.

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4. The learned Additional Public prosecutor Pondicherry raised objection stating that petitioner had sexually harassed the victim boys and 25 witnesses are yet to be investigated. Hence, he vehemently opposed the grant of bail.

5. Considering the grave nature of the offence committed by petitioner, this Court is not inclined to grant bail to the petitioner. However, this Court directs the Trial Court to dispose of the case on merits in accordance with law within two months from the date of receipt of copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of . -sd/- 23/12/2021 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 SUPERINTENDENT, CENTRAL PRISON, KALAPATTU.

2 THE STATION HOUSE OFFICER, MANGALAM POLICE STATION, PONDICHERRY.

3 THE PUBLIC PROSECUTOR PUDHUCHERRY.

CC to M/S.M.KARTHIK Advocate on payment of necessary charges CRL OP.24682/2021 Date :23/12/2021 RW 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/