Duraimurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/05/2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Duraimurugan ... Petitioner/Sole Accused Vs The Inspector of Police, Alangudi All Women Police Station, Pudukkottai District.

(Cime No.3/2024.) ... Respondent/Complainant For Petitioner :

Mr.A.Saravanan, Advocate For Respondent :

Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 3/2024 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 03.03.2024, for the offence under Sections 5(1), 5(j), (ii) r/w 6(1) of POCSO Amendment Act 2019 in Crime No.3 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.01.2024, the accused had sexual relationship with the victim, who is aged about 17 years. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that in the FIR itself, the victim admitted that she is having an affair with the petitioner. He is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 03.03.2024. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that after registration of FIR, apart from POCSO Act, offence under SC/ST Act was also included. Therefore, the present petition is not maintainable. Hence, prays to dismiss the petition. 5.Since the offence under SC/ST was also involved, this petition is not 2/4

maintainable. Hence, this petition stands dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law. sd/- 22/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM To 1.The Inspector of Police, Alangudi All Women Police Station, Pudukkottai District.

2.The Officer Incharge, District Prison, Pudukkottai.

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

+1 CC to M/s.A.SARAVANAN, Advocate ( SR-5607[I] dated 22/05/2024 )

ORDER

IN CRL OP(MD) No.6838 of 2024 Date :22/05/2024 ED/ VR /SAR- (27/05/2024) 3P / 5C 3/4

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4