Augustin v. The State Rep By Its

C.V.KARTHIKEYAN , J.

The petitioner, who was arrested by the respondent Police for the offences under Sections 5(o) (1) r/w 6 of POCSO Act in Crime No.13 of 2023 seeks bail.

2. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated for the offences under Sections 5(o) (1) r/w 6 of POCSO Act in Crime No.13 of 2023. The petitioner has been taken into custody on 05.06.2023. The learned counsel for the petitioner pointed out the age of the petitioner which is 74 years and stated that he is suffering from medical ailment. It is further stated that the treatment given in the jail is not sufficient. Thus, he seeks bail to the petitioner.

3. It is stated by the learned Government Advocate (Crl.Side) submitted that final report had been filed and the matter is now pending in Special Court for POCSO Cases, Chennai in Spl.S.C.No.126 of 2023. It is stated that copies of documents under Section 207 Cr.P.C had been given. Thus, he prayed for dismissal of this petition. 1/3

4. Let the trial Court proceed further. The victim girl had given a complaint through Child Help Line and later, the case came to be registered and statement is also been recorded. It is the submission of the learned counsel for the petitioner that, a date may be fixed for examining the victim girl. But, it is not possible to fix a date, since the charges have not been framed. However, this Court would urge the learned Trial Judge to examine the possibility of moving forward with the case, without giving any unnecessary adjournments.

5. The petitioner may move necessary petition, with respect to his medical condition to the Jail Superintendent. If it is required, treatment in any Government hospital may be afforded to the petitioner herein.

6. With the above direction, this Criminal Original Petition is dismissed.

16.10.2023 gd C.V.KARTHIKEYAN , J.

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gd 16.10.2023 3/3