Vijay v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Vijay, ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Palani Taluk Police Station, Dindigul District.

(Crime No. 318/2021.) ... Respondent/Complainant For Petitioner : K.Mu.Muthu, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PRAYER :- To enlarge the petitioner on bail in Spl S.C No. 167/2023 on the file of the Special court for Exclusive trial of Cases under POCSO Act Dindigul in Crime No. 318 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial 1/3

custody on 06.08.2024 for the offences punishable under Sections 294(b), 323, 363 IPC and Section 4 of TNPHW Act and u/s. 5(1)(j)(ii), 6, 21(1) of POCSO Act, in crime No.318 of 2021 on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3. Considering the nature of allegations against the petitioner that the petitioner was earlier released on bail but jumped bail and NBW was issued on 28/1/2023 and thereafter, he surrendered only on 6/8/2024 and that the nature of allegations is that he committed penetrative sexual assault and also sexual violence and physical torture on the victim child and considering the fact that out of 28 witnesses 6 witnesses have already been examined and the trial is progressing, at this juncture, I am not inclined to enlarge the petitioner on bail.

4. Accordingly, this Criminal Original Petition is dismissed. Since the prayer of the petitioner is rejected, the prosecution is directed to produce the witnesses on the relevant date and a copy of this order shall also be produced before 2/3

the trial court, which shall make endeavors to complete the trial at the earliest. sd/- 19/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul.

2. The Inspector of Police, Taluk Police Station, Palani, Dindigul District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.17883 of 2024 Date : 19/10/2024 SI/MMS/ / -(07.11.2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3