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Madras High CourtCRL OP(MD)/7358/2022disposed of

K.Sivakumar v. The Inspector Of Police

2022-06-30Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.7358 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.7358 of 2022 K.Sivakumar ... Petitioner/Petitioner/ Accused 1 Vs

1. The State Rep. By, The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

Crime No.20 of 2021.

... Respondent/Respondent/ Complainant

2. P.Jebaselvi ... Informant/Defacto Complainant For Petitioner : M/s.Vijayarathinam M, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in Spl.S.C.No.22 of 2022 on the file of the Special Court (POCSO), Srivilliputtur in Crime No.20 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1 is facing a case for the offence punishable under Sections 366, 506(1), 376,A,B of IPC and Sections 3(a) and 4 of POCSO Act in Spl.S.C.No.22 of 2022 on the file of the Special Court (POCSO), Srivilliputtur in crime No.20 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner/first accused and the second accused had kidnapped the victim child, who is 10 years old and committed sexual assault and also criminally intimidated her. Hence, the present complaint. 3.This is the petitioner's second bail application and the earlier petition was dismissed by this Court, dated 31.03.2022 in Crl.O.P.(MD)No.5027 of 2022.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7358 of 2022 4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that the petitioner as well as the other accused are appearing before the Sessions Court and the case stands posted to 11.07.2022 for furnishing of copies. 4.Considering the seriousness and gravity of the offence alleged and also the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

5.However, the learned Trial Judge is directed to complete the trial and dispose of the case as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

6.With the above direction, this Criminal Original Petition is disposed of.

sd/- 30/06/2022 / TRUE COPY / /07/2022 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 SESSIONS JUDGE, SPECIAL COURT FOR EXECLUSIVE TRIAL OF CASES UNDER POCSO ACT, 2012, SRIVILLIPUTTUR.

2. THE OFFICER-INCHARGE, SUB-JAIL, VIRUDHUNAGAR.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

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

COPY TO :

THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.7358 of 2022 Date :30/06/2022 USK/SVR/SAR-II/07.07.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2