Nambu Kaleeshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). Nos.7726 and 7732 of 2022 Nambu Kaleeshwaran : Petitioner/A2 (in Crl.OP(MD)No.7726/2022) Selvaraj : Petitioner/A1 (in Crl.OP(MD)No.7732/2022) Vs.

State represented by The Inspector of Police, Rameswaram Town, Ramanathapuram.

(Crime No.232 of 2021) : Respondent/Complainant (in both petitions) (in both petitions) For Petitioners : Mr.Niranjan S.Kumar Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITIONS FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.232 of 2021 on the file of the Respondent police.

ORDER : The Court made the following common order :- The petitioners/accused, who were arrested and remanded to judicial custody on 02.08.2021 for the offence punishable under Sections 5(m), 5(l) and 6 of POCSO Act, in Crime No.232 of 2021, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the accused had indulged in immoral activities and unnatural habituated with the defacto complainant's son, aged about 8 years. Hence, the complaint. 1/3

3.The learned counsel for the petitioners would submit that petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that due to previous enmity, the defacto complainant has lodged the false complaint.

4.The learned Additional Public Prosecutor appearing for the State would submit that after filing of charge sheet, the case was taken on file in Spl.S.C.No.16 of 2022 on the file of the Sessions Judge (Fast Track Mahila Court), Rameshwaram and the trial is in progress.

5.At this juncture, the learned counsel for the petitioners would submit that the trial Court may be directed to dispose of the case within the time stipulated by this Court. 6.Considering the seriousness and gravity of the offence alleged, this Court is not inclined to grant bail to the petitioners at this point of time. However, the learned trial Judge is directed to complete the trial and dispose of the case within a period six weeks from the date of receipt of copy of this order. 7.With the above direction, these Criminal Original Petitions are disposed of.

sd/- 10/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das 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, (Fast Track Mahila Court), Rameshwaram 2/3

2.The Inspector of Police, Rameswaram Town, Ramanathapuram.

3.The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-5429[I] dated 13/06/2022 )

ORDER

IN CRL OP(MD).Nos.7726 & and 7732/2022 Date : 10.06.2022 TR/SKN/SAR-III(16.06.2022) 3P 6C 3/3