Dharmar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024 PRESENT :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Dharmar ... Petitioner / Accused Vs.

The Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram Distirct.

(Crime No.5 of 2022) ... Respondent/Complainant For Petitioner : Mr.A.JEYARAM For Respondent : Mr.R.SURESH KUMAR Government Advocate (Crl.side) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER:- For Bail in Crime No.5 of 2022 on the file of the respondent herein. ORDER:- The Court made the following order:- The petitioner / sole accused herein, who was arrested on 26.04.2022 for the alleged offence under Section 363, 294(b), 506(i) of IPC and 5(k), 5(l), 5(m) and 6 of POCSO Act, in Crime No.5 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's younger daughter is a mentally retarded child. She was given treatment regularly; Studying 1/3

5th standard in Panchayat Union Primary School. On 25.04.2022 at about 4.30 p.m., out of the school time, she returned to the house and was attending natural call on the back side of the house. At that time, her elder daughter namely Durka Devi was standing. The accused person at that time alleged to have made bad sign to the younger daughter in an indecent manner. The elder daughter shouted. On enquiry, the younger daughter disclosed that for several times she was subjected to sexual harassment by the accused. On the basis of the above said occurrence, the case was registered.

3. Learned Government Advocate (Criminal side) would submit that trial is almost over and the case is posted to 25.06.2024, for cross examination of D.W.1.

4. In view of the above submission, at the fag end of the trial process, the petitioner is not entitled for any relief before this Court. He has to face the completion of trial process.

5. With the above direction, this Criminal Original Petition is dismissed. sd/- 19/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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PNN TO 1 THE SESSIONS JUDGE (FAST TRACK MAHILA COURT), RAMANATHAPURAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KAMUTHI, RAMANATHAPURAM DISTIRCT.

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

ORDER

IN CRL OP(MD) No.8879 of 2024 Date :19/06/2024 SA/JGB/SAR. /28.06.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3