Madras High CourtCRL OP(MD)/3868/2019disposed of

Niraipandiyan, v. The Sub Inspector Of Police

2019-03-19Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.3868 of 2019 Niraipandiyan : Petitioner / Petitioner /Vs./ State through The Sub-Inspector of Police, All Woman Police Station, Rajapalayam, Virudhunagar.

: Respondent /Respondent [Crime No.22 of 2018] PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order passed by the Mahalir Neethimandram (Fast Track Mahila Court), Virudhunagar District at Srivilliputtur in Crl.M.P.No.307 of 2019 on 25.02.2019 and release the petitioner / accused on bail.

For Petitioner : Mr.M.Jothi Basu For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition is filed challenging the order of the Mahalir Neethimandram (Fast Track Mahila Court), Virudhunagar District at Srivilliputtur dismissing the petition prayer for default bail under Section 167 (2) Cr.P.C., in Crl.M.P.No.307 of 2019 on 25.02.2019.

2. The petitioner faces charges of abusing his own 2 1⁄2 years old daughter. Based on the complaint from the mother of the child (wife of the petitioner), a case is registered.

3. According to the learned Additional Public Prosecutor, the case was charge sheeted on the 8th day, which the petitioner herein disputes and the case is posted for framing of charges on 21.03.2019.

4. On framing of charges, the trial Court is directed to proceed forthwith the trial in terms of Section 35 (2) of the Protection of Children from Sexual Offences (POCSO) Act. https://hcservices.ecourts.gov.in/hcservices/

5. Having said that, the trial Court is directed to proceed with the trial and record the evidence of the de facto complainant, victim / child and also the Doctor, who has examined the child. The trial Court is also required to consider any prayer of the petitioner for grant of bail thereafter. For the present, this Court does not want to interfere with the order of the trial Court. Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The Sub-Inspector of Police, All Woman Police Station, Rajapalayam, Virudhunagar.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.G.M.LAW OFFICE IN SR.No. 55035.

Crl.O.P.[MD].No.3868 of 2019 19.03.2019 DS/ /SAR- (04.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/