Muthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MUTHU ... PETITIONER /SOLE ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.
INCRIME NO.13/2022 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.P.PRAVEENKUMAR, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
Prayer:
TO ENLARGE THE PETITIONER ON BAIL IN SPL CC NO.90/2022 ON THE FILE OF SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES,TIRUNELVELI DT.02.09.2023.
ORDER : The Court Made the following order :- The petitioner, who is facing trial in Spl.C.C.No.90 of 2022 on the file of the learned Special Judge, Special Court for POCSO Act Cases, Tirunelveli, for the 1/3
offences under Section 366 of I.P.C., and Sections 10 r/w 9(m), 9(1) of Protection of Children from Sexual Offences Act, 2012 in Crime No.13 of 2022, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that on 26.06.2022, at about 06.00 P.M., when the victim girl was standing in front of her house and at that time, the petitioner herein took the victim girl to the cashewnut garden which belonging to one Boopathi Nadar and gave her sexual torture to the victim girl and threatened her with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit already there is a pathway dispute between the petitioner and the defacto complaint and in order to settle the dispute, the defacto complainant gave a false complaint against him. Hence, he prays for bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is completed and the charge sheet has also been filed before the concerned Court. He would further submit that if bail is granted to the petitioner, the trial will not be proceeded further. He would further submit that the trial Court posted the matter for arguments on 12.01.2024. Accordingly, he prays for dismissal of this petition.
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5. Considering the facts and circumstances of the case and also considering the gravity of offences, this Court is not inclined to grant bail to the petitioner herein.
6. Accordingly, the Criminal Original Petition stands dismissed. sd/- 08/01/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.
THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :08/01/2024 PKP/JGB/SAR /24.01.2024/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3