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Madras High CourtCRL OP(MD)/2011/2024dismissed

Petchimuthu @ Peatchimuthu v. The Inspector Of Police

2024-02-21Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI PETCHIMUTHU @ PEATCHIMUTHU ... Petitioner / Accused No.2 Vs THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO.385/2023) ... Respondent / Complainant For Petitioner :

M/s.P.Praveenkumar, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.385/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- On 21.02.2024 while dismissing the bail petition filed by the petitioner, this Court directed the Superintendent of Police, Tirunelveli City, to file a report 1/4

regarding the erring officials, who had conducted investigation earlier in Crime No.385 of 2023.

2. Today, the learned Additional Public Prosecutor appearing for the respondent Police has produced the report filed by the Superintendent of Police, Tirunelveli District.

3. On perusal of 164 Cr.P.C. statement, it reveals that the Accused No.1, viz., Jeyaseelan, who is the sister's husband of the victim girl had committed sexual assault to the victim girl for three days. It is further alleged that one Petchimuthu and Ramasamy, who are the friends of A1, had snatched the chain and ring of the victim girl and pledged the same and gave Rs.50,000/- to the Inspector of Police, Thisayanvilai Police Station in order to disclose the said offence. It is further alleged that one Advocate, viz., Rajalakshmi had threatened the victim girl not to disclose the above said fact to anyone.

4. On perusal of the report filed by the Superintendent of Police, Tirunelveli City, it is seen that the disciplinary proceedings have been initiated under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules 2/4

1955 against the erring Police Officials, who had conducted investigation earlier in this case. It is further stated in the report that appropriate steps were being taken to seize the above valuables at the earliest. It is further seen that the Superintendent of Police, Tiruenveli City has undertaken in the report that he will monitor the progress of the investigation in this case and after completing the investigation, the charge sheet will be filed before the concerned Court.

5. The Superintendent of Police, Tirunelveli District, is directed to file final report before the concerned Court within a period of six months from the date of receipt of a copy of this order.

sd/- 21/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1.THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI.

2.THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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3.THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

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

COPY TO:

THE SUPERINTENDENT OF POLICE, TIRUNELVELI CITY.

ORDER IN Date :21/03/2024 RK/VR (25/03/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4