Sivakumar v. The Inspector Of Police

Crl.O.P.(MD)No.4975 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 17.03.2022 PRESENT THE HONOURABLE MR. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.4975 of 2022 Sivakumar ... Petitioner/2nd Accused Vs.

The State rep. by The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

(Crime No.21 of 2021). .. Respondent/Complainant For Petitioner : Mr.S.MUNIYANDI, Advocate For Respondent : Mr.SS.Madhavan Government Advocate(crl.side) PETITION FOR BAIL Under Section 439 of Cr.P.C., PRAYER:- For Bail in Cr.No.21 of 2021 on the file of the respondent police.

ORDER:

The Court made the following order:- The petitioner/2nd Accused herein, who was arrested on 02.11.2021 for the alleged offences under Sections 3,4,5(1), 6 of Protection of Child from Sexual Offences Act and 506(i) of IPC, in Crime No.21 of 2021, on the file of the respondent police, seeks bail.

2.This is the third application for bail. Earlier applications filed by the petitioner in Crl.O.P(MD)No.20384 of 2021 and 1986 of 2022 were dismissed by this Court on 03.1.2022 and 10.02.2022 respectively. The petitioner committed a sexual assault upon the victim girl by mixing some sort of substance in milk. Since serious allegation has been made against this petitioner and final report has been filed before the concerned Court and the same was taken cognizance in S.C.No.1 of 2022, if the petitioner is released on bail, he will absconding and there is a possibility of tampering the witnesses and hampering the evidences.

3. The learned Government Advocate (Crl.side) appearing for the respondent submitted that already trial has commenced and the four witnesses were examined.

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Crl.O.P.(MD)No.4975 of 2022

4. This application is filed on the ground that the petitioner is in custody for more than four months.

5.Considering the nature of offence committed by the petitioner, trial has already commenced and there is no change in circumstances, this petition is dismissed.

sd/- 17/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

2 THE SUPERINTENDENT, DISTRICT JAIL, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.4975 of 2022 Date :17/03/2022 SA/PN/SAR.2/22.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2