Selvakumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Selvakumar, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Papanasam, Thanjavur District.
Crime No.18 of 2023.
... Respondent/Complainant For Petitioner : M/s. Gurumoorthy.S, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner/Accused on bail in Special Sessions Case No.113 of 2023 in connection with Crime No.18 of 2023 on the file of the Principal Special Court for exclusive Trial of cases Under POCSO Act, Thanjavur. ORDER : The Court made the following order :- This Petition is filed to release the petitioner / Accused on bail in Special Sessions Case No.113 of 2023 in connection with Crime no.18 of 2023 on the file of the 1/4
Principal Special Court for exclusive Trial of cases Under POCSO Act, Thanjavur.
2. The petitioner/Accused, who was arrested and remanded to judicial custody on 21.06.2023 for the offences punishable under Sections 5(m), 5(l), 5(j)(ii) r/w Section 6 of POCSO Act,in crime No.18 of 2023 on the file of the respondent police, seeks bail.
3. The case of the prosecution is that the petitioner had forcible sexual relationship with the defacto complainant, who is aged about 13 years, due to which, she got pregnant and after sixth months, a baby was born and thereafter, the baby died. Hence, the complaint.
4. Heard the learned counsel on either side and perused the material records of the case.
5. Considering the nature of allegations and considering the fact that the case is now pending in special S.C.No.113 of 2023 in which, already P.W. 1 to 15 having been examined and only two more witnesses have to be examined and considering the fact that the victim child also gave birth and the infant died and the D.N.A. profiling is also done and it matches with the petitioner and considering the fact that only two more witnesses have to be examined, I am not inclined to enlarge the petitioner on bail at this stage.
6. Hence, this Petition stands dismissed. In view of the fact that the petitioner is in custody and is denied bail, the prosecution is directed to complete the trial as 2/4
expeditiously as possible. The learned Principal Special Court for exclusive Trial of cases Under POCSO Act, Thanjavur is also directed to take up the matter for expeditious disposal and complete the trial, in any event, not later than two months from the date of receipt of a copy of the order. sd/- 18/09/2024 / TRUE COPY / 23/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THANJAVUR.
2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PAPANASAM, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.15079 of 2024 Date :18/09/2024 SA/SAR. /23.09.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4