Madras High CourtCRL OP/27205/2022dismissed

Naveen Kumar v. The Inspector Of Police

2022-11-08Honourable Mr Justice M. Nirmal Kumar2 pages

Crl.O.P.No.27205 of 2022 Crl.O.P.No.27205 of 2022 M.NIRMAL KUMAR , J.

The petitioner, who was arrested and remanded to judicial custody on 20.06.2020 for the offences punishable under Sections 506(i) of IPC and Section 5(m) and 6 of the POCSO Act in Crime No.4 of 2022 on the file of respondent police, seeks bail.

2. The case of the prosecution is that the petitioner who is a married man, had committed penetrative sexual assault on the victim girl who is aged about 11 years. Hence, the case.

3. The learned counsel for the petitioner would submit that this is the sixth application for bail. This Court while disposing the earlier application in Crl.O.P.No.6329 of 2022 dated 22.03.2022, had directed the Trial Court to comply with the earlier order in Crl.O.P.No.22180 of 2021 dated 29.11.2021 and complete the trial as expeditiously as possible. However, no witnesses have been examined so far and the petitioner is in prison from 20.06.2020 without any reason. Therefore, he prays to grant bail to the petitioner.

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Crl.O.P.No.27205 of 2022 M.NIRMAL KUMAR , J.

shk

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that the petitioner is charged for the offence under Section 506(i) of IPC and Section 5(m) and 6 of the Protection of Children from Sexual Offences Act. There are twenty witnesses in this case. This Court earlier had directed the learned Trial Judge to complete the trial as expeditiously as possible. However, due to pandemic restrictions, the prosecution was unable to proceed with the trial. He would further submit that the case was not delayed by the prosecution. Further, the case now stands posted on 22.11.2022. before the trial Court.

5. In view of the above, this Criminal Original Petition stands dismissed with a direction to the Trial Court to complete the trial within a period of three months from the date of receipt of a copy of this order. The Trial Court is also reminded about the fact that the POCSO cases should be completed within a specified time, which should not be violated. 08.11.2022 shk Note: Issue order copy on 09.11.2022 Crl.O.P.No.27205 of 2022 https://www.mhc.tn.gov.in/judis