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Madras High CourtCRL OP(MD)/11343/2022dismissed

I.Immanuvel v. The Sub Inspector Of Police

2022-07-05Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11343 of 2022 I.Immanuvel ... Petitioner/Accused-Single Vs State rep.by The Sub Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

(Crime.No.8 of 2018).

... Respondent/Complainant For Petitioner : M/s.Priscilla Jancy K M, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- To enlarge the petitioner on bail in Crime.No.08 of 2018 on the file of the Respondent police ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 01.02.2020 for the alleged offence under Sections 294(b) and 506(i) IPC and Section 5(1) r/w 6 of POCSO Act, 2012, in Crime No.8 of 2018 on the file of the respondent police, seeks bail.

2.Because of the non-appearance of the petitioner before the trial Court, warrant was issued against him on 21.01.2020 and he was arrested and remanded to judicial custody on 01.02.2020. 3.The learned Government Advocate (Crl.side) for the respondent submits that except the Doctor and the Investigation Officer, 24 witnesses have been examined so far.

https://www.mhc.tn.gov.in/judis

4.Since the matter is part heard stage and only two witnesses remains to be examined, the petitioner can wait for some time. Since he is in custody for more than a year, there shall be a direction to the respondent police to produce the concerned Doctor and the Investigation Officer before the trial Court on the date of next hearing without fail, failing which, the petitioner is at liberty to file a bail application before this Court.

5.With the aforesaid liberty and direction, this petition is dismissed.

Sd/- 05/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

MM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

2. THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

ORDER

IN CRL OP(MD) No.11343 of 2022 Date :05/07/2022 https://www.mhc.tn.gov.in/judis SP/SVR/SAR I/14/07/2022/2P/4C