Madras High CourtCRL OP(MD)/10631/2024disposed of

Senthilkumar v. The Inspector Of Police

2024-07-31Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Senthilkumar, ... Petitioner/Accused No.1 Vs The Inspector of Police, Awps Kulithalai, Karur District.

Crime No. 18 of 2022.

... Respondent/Complainant Jeevitha ... Petitioner/Intervening Defacto complainant in Crl MP(MD)No.7369 of 2024 in Crl OP(MD)No.10631 of 2024 For Petitioner : M/s.Manickaraj R, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor : Mr. Henri Tiphagne, Advocate PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner / accused (A1) on bail in Crime No. 18/2022 which is pending before this Honble court in Spl S.C No. 65/2022 1/3

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 16.07.2022 for the offences punishable under Sections 5(f), 5(i), 5(1), 5(U), 6 and 16 and 17 of POCSO Act and 341,, 294(b), 323, 328, 366, 450 and 506(i) IPC in crime No.18 of 2022 on the file of the respondent police, seeks bail.

2. The learned counsel appearing on either side submitted that a direction may given to the District Collector, Karur to appoint a Special Public Prosecutor based on the representation given by the victim, dated 01.11.2023 under Rule 4(5) of the SC & ST (POA) and Rules, 1995 to assist the victim girl during the time of trial. He would further submit that for considering the said representation, the victim has also filed Writ Petition in WP(MD).No.29814 of 2023 and the same is pending.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the facts and circumstances and also considering the nature of allegations made against the petitioner, this Court directs the District Collector, 2/3

Karur to look into the matter and pass appropriate orders in the said representation given by the victim within a week from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of. sd/- 31/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE AWPS KULITHALAI, KARUR DISTRICT.

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

COPY TO:

THE DISTRICT COLLECTOR, KARUR.

ORDER

IN CRL OP(MD) No.10631 of 2024 Date :31/07/2024 SS/JGB/SAR- /08/08/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3