Mathivanan v. State Rep By

A.D.JAGADISH CHANDIRA , J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 09.03.2022 seeking bail in Crime No.2 of 2022 registered for the offence under Sections 5(l), 5(n) r/w 6 of The Protection of Children from Sexual Offence Act and Section 506(i) of IPC.

2.The case of the prosecution is that the petitioner who is the father of the victim girl, aged about 14 years, had threatened her and committed the penetrative sexual assault on her. Hence, the case. 3.Mr.K.Ramesh, Legal Aid Counsel for the petitioner would submit that the petitioner is an innocent person and a false complaint has been given due to matrimonial dispute. He would further submit that the investigation has been completed and the case now stands posted for trial. Hence, he prayed for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent Police, while opposing for grant of bail to the petitioner, would submit that the petitioner, who is the father of the victim girl, had committed penetrative sexual assault on her under threat. 5.Heard the Legal Aid Counsel appearing for the petitioner, the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record including the statement recorded under Section 164(5) Cr.P.C.

6.Taking into consideration the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. However, there shall be a direction to the learned Sessions Judge, Fast Track Mahila Court, Tiruvarur to complete the trial in Special S.C.No.18 of 2022 as expeditiously as possible preferably within a period of four months from the date of receipt of a copy of this order.

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26.11.2024 vv2 A.D.JAGADISH CHANDIRA , J.

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