Madras High CourtCRL OP/32697/2022disposed of

Subash v. The State Rep By

2023-01-04Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.05.2020 for the alleged offence under Sections 366 I.P.C. and Section 5(g), 6, 8 of POCSO Act, 2012 in Crime No.2 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 23.05.2020, the petitioner along with other accused said to have kidnapped defacto complainant, who is aged about 17 years and 10 months and sexually assaulted victim child by them. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no specific overtact attributed against the petitioner and he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He would further submit that now the final report has been filed in Spl.C.C.No. 75 of 2020 on the file of Sessions Judge, Special Court for exclusive trial of cases under POCSO Act and that the petitioner has been suffering incarceration from 25.05.2020. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner along with other accused kidnapped the victim girl and sexually assaulted her. He would submit that P.W. 1 to 16 were examined and the trial would be completed within six weeks. He would also submit that if he is released on bail, he will tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the fact that P.W.1 to 16 were examined and the fact that the petitioner is in judicial custody for the past two years, the trial court is directed to complete the trial and dispose the case within a period of six weeks from the date of receipt of copy of this order. Accordingly, this Criminal Original Petition is disposed of.

04.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 04.01.2023