Tamil @ Tamilselvan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice P.KALAIYARASAN CRL OP(MD) No.7971 of 2016 TAMIL @ TAMILSELVAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKOTTAI DISTRICT.
(CRIME NO. 9 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S RMS.SETHURAMAN Advocate For Respondent : Mr.A.P.Balasubramani, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 25.08.2015 for the offences punishable under Sections 5 (m) and 6 of Protection of Children from Sexual Offence Act, 2012 in Crime No.9 of 2015, on the file of the respondent Police, seeks bail.
2. Heard Mr.RMS.Sethuraman, learned counsel appearing for the petitioner/sole accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. It is seen that the petitioner, who is aged about 59 years, had sexually assaulted a child aged about 7 years.
4. It is represented by the learned counsel for the petitioner that the petitioner has been in custody for the past 260 days and hence, he may be released on bail.
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5. The learned Government Advocate (Criminal Side) submits that
the investigation is over and the charge-sheet has been laid and the same was returned by the learned Judicial Magistrate concerned for want of chemical examination report.
6. Considering the nature and gravity of offence and also considering the fact that the charge-sheet has also been laid in this case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed. However, the respondent Police is directed to represent the chargesheet with the chemical examination report within a period of 15 days before the concerned Judicial Magistrate from the date of receipt of a copy of this order.
Sd/- 11/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKOTTAI DISTRICT.
THE OFFICE-IN-CHARGE, DISTRICT PRISON, PUDUKOTTAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
JM/AN-MP/SAR-II/17.05.2016/2P-4C
ORDER
IN CRL OP(MD) No.7971 of 2016 Date :11/05/2016 https://hcservices.ecourts.gov.in/hcservices/