D.Alagumalaikannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN D.Alagumalaikannan ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, Nagaiahpuram Police Station, Madurai District.

(Crime No.21 of 2023).

... Respondent / Complainant For Petitioner :

Mr.R.Selvaraj, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.21 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused herein, who was arrested on 26.06.2023 for the alleged offence under Sections 3(a), 4, 5(m) and 6 of POCSO Act, 2012 and Section 1/3

506(ii) IPC, in Crime No.21 of 2023 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that on 30.04.2023 at 4.00 p.m., the victim and her sister went to agriculture land to collect firewood. At that time, the petitioner secretly took away the victim to the backside of the School premises and committed penetrative sexual assault. When her mother questioned about the blood stain in her dress, she told about the sexual assault. Hence the complaint.

3. An earlier application was dismissed by this Court stating that the victim is aged about ten only at that time of occurrence. The charge is framed within the time stipulated as per the provisions of POCSO Act, let the above said trial be completed as early as possible.

4. Considering the serious nature of allegation that is made by the petitioner and also considering that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed. sd/- 16/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 2/3

To 1.The Inspector of Police, Nagaiahpuram Police Station, Madurai District.

2.The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.17992 of 2023 Date :16/10/2023 ED/ DD /SAR- (01/11/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3