Mathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2024 PRESENT :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Mathi ... Petitioner / Sole Accused Vs.

The Inspector of Police, All Women Police Station, Thirumayam, Pudukottai District.

(Crime No.4 of 2023) ... Respondent/Complainant For Petitioner : Mr.R.Prasanna, Advocate For Respondent : Mrs.M.Aasha Government Advocate (Crl.side) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER:- For Bail in Crime No.4 of 2023 on the file of the respondent herein.

ORDER:- The Court made the following order:- The petitioner / sole accused herein, who was arrested on 16.06.2023, for the alleged offence under Section 3(b), 4(1), 5(1), 5(m) r/w 6(1) of Protection of Child from Sexual Offences Act, 2012 amendment Act, 2019 and Section 506(1) of IPC in 1/3

Crime No.4 of 2023, on the file of the respondent police, seeks bail.

2. The earlier petition of the petitioner was dismissed by this Court. When the matter was taken up for hearing on on 09.07.2024, a report is called for from the trial Court. Now a report is received stating that the trial has not commenced so far.

3. The respondent is present in person before this Court and submitted that since the mother of the victim has delivered second child, the victim could not be produced before the Court for examination.

4. Since, the victim is only 8 years old, it may not be proper on the part of this Court to enlarge the petitioner on bail. If the petitioner is granted relief, he may tamper the evidence. After the examination of material witnesses are over, the petitioner shall approach the concerned Court for bail and the concerned Court may consider the petitioner's bail petition without being influenced by the order of dismissal passed by this Court in the earlier occasion.

5. With the above direction, this Criminal Original Petition is dismissed. sd/- 12/07/2024 / TRUE COPY / /07/2024 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMAYAM, PUDUKOTTAI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.9807 of 2024 Date :12/07/2024 SA/GS/SAR. /22.07.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3