Jothi Murugan v. The Inspector Of Police
Residing at No.2, BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)Nos.8081 and 8083 of 2023 P.Jothi Murugan ... Petitioner/Accused in both petitions Vs The Inspector of Police, Thadikombu Police Station, Dindigul District.
(Crime Nos.766 and 767/2021).
... Respondent/Complainant in both petitions (In both petitions) For Petitioner : M/s.Krishnaveni Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.
COMMON PRAYER :- For Bail in Crime Nos. 766/2021 and 767/2021 on the file of the Respondent Police.
COMMON ORDER : The Court made the following order :- The petitioner/A1 in Crl.O.P.(MD)No.8081 of 2023, who is facing trial in Spl.S.C.No.4 of 2022 on the file of the learned Fast Track Mahila Judge, Dindigul in Crime No.767 of 2021 for the offence punishable under Section 506(i) IPC and Sections 7, 8, 9(f), 10, 16 and 17 of POCSO Act, seeks bail.
2.The petitioner/A1 in Crl.O.P.(MD)No.8083 of 2023, who is facing trial in Spl.S.C.No.3 of 2022 on the file of the learned Fast Track Mahila Judge, Dindigul in Crime No.766 of 2021 for the offence punishable under Sections 109 and 506(i) IPC and Sections 7 and 8 of POCSO Act @506(i) of IPC r/w.9(f),10,16,17,18 of POCSO Act, seeks bail.
3.In both the cases, the de-facto complainants were studying first year B.Sc., in the Nursing College of the petitioner and the https://www.mhc.tn.gov.in/judis 1/2
Residing at No.2, petitioner is the Correspondent of the said College. The case of the prosecution, in Crl.O.P.(MD)No.8083 OF 2023, is that on 15.09.2021 at the time of welcome day function for the first year students, the accused, by placing his hands on the hips of the de-facto complainant had attempted to misbehave and compelled her to take photographs. Furthermore, on 30.09.2021, after the birthday function of the petitioner, he directed the victim girl to bring a soap and place it in his room, at that time, the petitioner had misbehaved with the de-facto complainant. Hence, the case. 4.The case of the prosecution, in Crl.O.P.(MD)No.8081 OF 2023, is that on 13.11.2021, after completion of awareness programme, the de-facto complainant went to the office of the petitioner for handing over the costumes, that though some other girls were present at that time, the petitioner had directed all other girls to leave that place and specifically directed the de-facto complainant to remain there and thereafter, he misbehaved with her and also threatened her. Hence, the case.
5. Taking into consideration the serious offence committed by the petitioner this Court had already dismissed the petitions filed by the petitioner on 10.04.2023 in Crl.O.P(MD) Nos.6532 and 6533 of 2023. Further even after the dismissal of the earlier petition there is no change in circumstances of the case to consider the present petitions, hence these petitions stand dismissed. sd/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO
1. The Inspector of Police, Thadicombu Police Station, Dindigul District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) Nos.8081 & 8083 of 2023 Date : 28/04/2023 NA/VR/SAR-2/04.05.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2