Aravinth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Aravinth, ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Kanyakumari, Kanyakumari District.

Cr.No.9 of 2024.

... Respondent/Complainant For Petitioner : M/s. Pragalathan.N, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime no.9 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 29.03.2024 for the offences punishable under Sections 376(3), 506(i) I.P.C and Section 5(l), 5(j)(ii), 6 of POCSO Act, in crime No.9 of 2024 on the file of the 1/3

respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had committed aggravated penetrative sexual assault on the victim, who is aged about 17 years, and made her pregnant and also threatened her and her mother. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4. Considering the fact that the trial is now posted for beginning of the trial. For the present, I am not inclined to enlarge the petitioner on bail.

5. Accordingly, this Petition is dismissed. The prosecution is directed to examine PW1 - victim on the hearing and also try to expedite the trial in the meanwhile. Considering the fact that the petitioner is under incarceration, the learned in-charge Court, ie. Special Court for Exclusive Trial of Cases, under POCSO Act, Kanniyakumari [Sessions Judge (FAC)] shall make endeavor to examine the victim child alone so that the bail in respect of the petitioner can be considered thereafter. sd/- 02/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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LS TO 1 THE SESSIONS JUDGE (FAC) SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES, UNDER POCSO ACT, KANNIYAKUMARI DISTRICT.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13642 of 2024 Date :02/09/2024 PSP/ VR /SAR /12.09.2024/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3