Sumesh v. State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS. JUSTICE R.POORNIMA Sumesh ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Mukkudal Police Station, Tirunelveli District.

Crime No.54 of 2022.

... Respondent/Complainant For Petitioner :

Mr.V.Sorimuthu For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner / sole accused on bail in Special C.C.No.89 of 2023 in Crime No.54 of 2022 on the file of the Sessions Judge (Mahalir Neethimandram), Tirunelveli.

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ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 04.04.2025 on the strength of NBW issued against him, seeks bail. The petitioner is facing trial in Spl.C.C.No.89 of 2023 on the file of the learned Special Judge (Mahila Court), Tirunelveli, for the offences punishable under Section 363 IPC altered into Section 366(A) of IPC and Sections 6 and 5(1) of POCSO Act, 2012 in Crime No.54 of 2022 on the file of the respondent-Police.

2. The learned Counsel appearing for the petitioner submitted that due to severe fever, the petitioner was not able to appear before the trial Court. Now, the petitioner undertakes that he will not tamper with the evidence and co-operate with further investigation.

3. The learned Additional Public Prosecutor appearing for the State strongly objected the bail application by stating that the petitioner after knowing the seriousness of the offence, absconded on 02.01.2025 and was arrested only on 04.04.2025, and due to his absence, trial proceedings protracted. He further submitted that the petitioner is having three previous cases. 4.Taking into consideration of the seriousness of the offence, this Court is of the view that if bail is granted to the petitioner, he will abscond and further protract 2/3

the trial proceedings. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO

1. The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.9121 of 2025 Date :28/05/2025 MK/03.06.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3