M.Palani @ Palanisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14850 of 2023 M.Palani @ Palanisamy ... Petitioner/Accused Vs The State represented by The Inspector of Police, Karaikudi All Women Police Station, Sivagangai District.

(Crime No.4 of 2023)..

... Respondent/Complainant For Petitioner : M/s.Pugalendhi.S, Advocate.

For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no.4 of 2023 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 27.01.2023 for the offences under sections 5(l), 5(j)(ii), 5(n) r/w.6 of Protection of Children from Sexual Offences Act, in Crime No.4 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner herein threatened and committed aggravated penetrative sexual assault on the minor victim girl on several

occasions. Hence, the complaint.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation has been completed and the final report has been filed before the concerned Court and the same was taken on file in S.C.No.62 of 2023. He further submitted that the case was posted for examination of witnesses, at this stage, the petitioner is released on bail, there is possibility of absconding and there is a possibility of tempering the witnesses.

5. Considering the submission made by the learned Additional Public Prosecutor and this Court does not find any reason to entertain this Criminal Original Petition. Accordingly, this Criminal Original Petition is dismissed and the petitioner is at liberty to file a fresh application before the concerned Court after examination of witnesses are over.

sd/- 22/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA

TO 1 THE SESSIONS JUDGE, PRINCIPAL SPECIAL COURT FOR TRIAL COURT UNDER POCSO ACT, SIVAGANGAI.

2 THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE KARAIKUDI ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14850 of 2023 Date :22/08/2023 SS/VRS/11/09/2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023