Madras High CourtCRL OP(MD)/11380/2019dismissed with direction

K.Vijayakumar v. The Inspector Of Police

2019-09-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.11380 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.11380 of 2019 K.Vijayakumar ... Petitioner/Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Keeranoor, Pudukkottai District, (Crime No.7 of 2018). ... Respondent/Complainant For Petitioner : M/s.Niranjan.S.Kumar, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.7 of 2018 on the file of the respondent ORDER : The Court Made the following order :- The petitioner is in custody since 30.07.2018 for the offence under Section 5(1) r/w 6 of Protection of Children from Sexual Offences Act. His earlier bail petition was dismissed by this Court. I do not see any change in circumstance. In any event, the fact remains that the petitioner is prison for more than one year. An accused cannot be kept indefinitely in prison and the trial also cannot be dragged on.

2.The learned Government Advocate (Crl. Side) states that the final report has been filed and that the case is pending before the learned Mahila Court, Pudukkottai in Spl.S.C.No.20 of 2018. He states that the case is posted for trial on 23.09.2019. 3.Taking note of the fact that it is an offence arising under POSCO Act, I am not inclined to grant bail. The Court below is directed to conclude the trial itself on or before 31.10.2019. This direction is given taking note of the fact that the the petitioner is in incarnation for more than a year. With this direction, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11380 of 2019 criminal original petition stands dismissed. The learned Mahila Court, Pudukkottai is directed to send a compliance report. Merely because, this Court had denied the relief of bail to the petitioner, that would not in any way mean that this Court has gone into the merits of the matter, the learned Trial Judge is expected to dispose of the trial uninfluenced by this order dismissing the petitioner's bail petition.

sd/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MAHILA COURT, PUDUKKOTTAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANOOR, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.NIRANJAN.S.KUMAR Advocate SR.No.85143

ORDER

IN CRL OP(MD) No.11380 of 2019 Date :03/09/2019 ias ES/PN/SAR 1/06.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2