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Madras High CourtCRL OP/24021/2023dismissed

Sudha v. State Rep By

2023-10-19Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN , J.

The petitioners herein seek anticipatory bail in Spl.S.C.No.174 of 2019 pending on the file of the learned Special Judge for the Exclusive Trial of POCSO case, Tiruvannamalai. It is seen that originally First Information Report was registered in Crime No.09 of 2018 registered by the respondent Police for the offences under Sections 366, 376 IPC and Section 3(a), 4, 5(1), 6 and 16 of POCSO Act and Section 9, 10 of Protection of Child Marriage Act @ Section 363, 366, 376(1) and 376(2)(n) of IPC and Sections 4, 6 r/w 5(1) of POCSO Act 2012 Section 9 of Protection of Child Marriage Act.

2. The learned counsel for the petitioners stated that they have been falsely implicated as accused in this case. They are innocent persons. Thus, he seeks bail to the petitioners.

3. It is seen that the Special Sessions case has been pending from the year 2019, without any progress for the past four years, only because the petitioners have not appeared. It is the submission of the learned counsel for the petitioners that the petitioners were not aware of the pendency of the case and summons were not issued to them.

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4. These are the aspects which have to be examined on the basis of the records available in the trial Court. Taking the facts into consideration, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

19.10.2023 gd 2/3

C.V.KARTHIKEYAN , J.

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