Madras High CourtCRL OP(MD)/6153/2019dismissed

Pandiyan, S/O.Rasu, v. The Inspector Of Police,

2019-04-26Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6153 of 2019 PANDIYAN ... PETITIONER /SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO.84 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.RMS.SETHURAMAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 18.05.2018 for the offences punishable under Sections 5(m) and 6 of the Protection of Child from Sexual Offences Act, 2012 and 506(ii) of IPC in Crime No. 84 of 2018 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is said to have taken the victim girl, aged about 7 years and have sexual intercourse with here. Hence the complainat.

3. The learned counsel for the petitioner would submit that earlier this Court dismissed the bail application with a direction to the lower court to complete the trial within a period of six months. However the trial has not been commenced in this case. Hence he seeks direction of this court to direct the trial court to complete the trial.

4. The learned Government Advocate(Crl.Side) appearing for the state would submit that case the posted for examination of prosecution witness on 02.05.2019.

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5. Taking into consideration, the nature and gravity of offence and the offence committed by the petitioner is very heinous in nature, I am not inclined to grant bail to the petitioner.

6. Taking into consideration the facts and circumstances of the case and also considering the request made by the learned counsel for the petitioner, this bail petition is dismissed with a direction to the Mahila Court, Pudukottai to complete the trial within a period of six months from the date of receipt of a copy of this order.

sd/- 26/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MAHILA COURT, PUDUKKOTTAI.

2 THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, PUDUKKOTTAI DISTRICT PRISON, PUDUKKOTTAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6153 of 2019 Date :26/04/2019 JM/PN/SAR 2/06.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/