Jahubhar Hussain v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-03-2025
CORAM
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Jahubhar Hussain S/o. Mohammed Bhuhari, No. 25/47, Kalamputhu Street, Kalankudiiruppu Tirunelveli.
Petitioner Vs The Inspector of Police All Women Police Station, Tirunelveli Rural, Tirunelveli District. Crime No. 21/2024.
Respondent
ORDER
The learned Sessions Judge, Special Court for Trial under the POCSO Act Cases, Tirunelveli, has requested three months' time to dispose of Special C.C. No. 196 of 2024.
2. This Court has perused letter in D.No. 394/2025, dated 12.03.2025. Upon perusing the records, it is seen that the petitioner/accused was arrested on 08.05.2024 for the offences punishable under Section 450 of the Indian Penal Code, 1860, and Sections 5(I), 5(I)(II), and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, in Crime No. 21/2024, registered by the respondent police.
1/4
3. The petitioner filed Crl. O.P. (MD) No. 11746 of 2024 seeking bail, which was dismissed on 26.07.2024. The operative portion of the order reads as follows: "5. Considering the facts and circumstances of the case, and also taking into account the serious nature of the allegations against the petitioner, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. The trial court is directed to complete the trial process within a period of two months from the date of receipt of a copy of this order."
4. Subsequently, the petitioner filed another bail petition before this court in Crl. O.P. (MD) No. 16441 of 2024, and after hearing both sides, the same was also dismissed on 27.09.2024.
5. In his letter in D.No. 394/2025, dated 12.03.2025, the learned Sessions Judge stated that a copy of the order passed in Crl. O.P. No.11746 of 2024 was received by the trial court on 02.09.2024. Additionally, the copy of order in Crl. O.P. No. 16144 of 2024 had been sent to the trial court and the same could been received by the trial court on or before 16.12.2024. The learned Special Judge mentions that bail was granted to the accused on 16.12.2024. It is unclear whether the bail was granted by the trial court or by this Hon'ble High Court.
6. In the above circumstances, the learned trial judge is directed to submit a 2/4
detailed report regarding the grant of bail, along with a copy of the bail order.
7. De hors the above direction, as requested in his letter in D.No. 394/2025, dated 12.03.2025 three months time is granted to dispose of the aforesaid case.
8. The Registry is directed to list the matter after receiving the report from the trial court.
sd/- 24.03.2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.The Sessions Judge, Special Court for Trial of Cases under POCSO Act, Tirunelveli.
2.The Inspector of Police All Women Police Station, Tirunelveli Rural, Tirunelveli District.
3.The Superintendent, Central Prison, Palayamkottai.
3/4
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
24.03.2025 SL(03.04.2025)/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4