Alex Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Alex Pandi ... Petitioner/Sole Accused Vs The Inspector of Police, V.Chathrapatti Police Station, Madurai District.

(In Crime No.62/2022.) ... Respondent/Complainant For Petitioner :

Mr.M.Mohamed Sherbudeen. Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in respect of Spl.S.C.No.62 of 2023 on the file of the Special Judge for POCSO Act cases, Madurai. 1/4

ORDER : The Court made the following order :- The petitioner, who was arrested on 19.12.2022 for the offence under Sections 448, 376(3) of IPC and Sections 7, 8, 5(k) and 6 of POCSO Act, in Crime No.62 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 17.12.2022 the petitioner has committed penetrative sexual assault on two girl children of Chathirapatti Village, out of them, one girl is a mentally unsound person. 3.The learned counsel appearing for the petitioner submits that only on suspicion, the petitioner was arrested by the respondent police and he has not committed any offence as alleged by the prosecution. 4.The learned Additional Public Prosecutor appearing for the respondent strongly opposes for grant of bail to the petitioner and submits that the trial in this case has already been commenced and five witnesses have been examined so far. He further submits that the case is posted on 24.04.2024 for the examination of PWs 6 and 7.

5.Considering the stage of the case and the opposition made by the prosecution, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed with a direction to the trial Court to conclude the trial as expeditiously as possible, 2/4

preferably within a period of three months from the date of receipt of a copy of this order.

sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judge, Special Court for POCSO Act Cases, Madurai.

2.The Inspector of Police, V.Chathrapatti Police Station, Madurai District.

3.The Superintendent, Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.MOHAMED SHERBUDEEN, Advocate ( SR-4666[I] dated 22/04/2024 )

ORDER

IN CRL OP(MD) No.6015 of 2024 Date :22/04/2024 3/4

ED/ GS /SAR- (25/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4