Madras High CourtCRL OP(MD)/19847/2024dismissed

Arockiya Sanjeevi v. The State Of Tamilnadu

2024-11-18Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.19847 of 2024 Arockiya Sanjeevi ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

Crime No. 18 of 2024..

... Respondent/Complainant For Petitioner : Mr.Pragalathan.N, Advocate.

For Respondent : Mr.S.Ravi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner herein on bail in the case in Spl.S.C.No. 134 of 2024 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in Crime No. 18 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 10.07.2024 and was facing trial in Spl.S.C.No. 134 of 2024 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, for the offence under Sections 9(m), 9(n), 10 @ 3(b), 4, 5(m), 5(n) and 6 of POCSO Act, seeks bail.

2. When the petitioner earlier filed bail petition in Crl.O.P.(MD).No.13418 of 2024, this Court considering the gravity of the offence and dismissed the bail petition by an order dated 16.08.2024.

3. The present bail petition has been filed on the ground that the investigation has been completed and final report has been filed and the case is now pending in Spl.S.C.No.134 of 2024 before the Special Court for Exclusive Trial of cases under POCSO Act, Thoothukudi.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

5. In the considered view of this Court, the reading of 164 statement recorded from the victim girl shows the gravity of the offence. In a case of this nature, the Court should be very wary in granting bail, since it will affect the trial itself. Therefore, this Court is not inclined to grant bail to the petitioner in this case.

6. In the result, this bail application stands dismissed and there shall be a direction to the learned Special Judge for Exclusive Trial of Cases under POCSO Act,

Thoothukudi,to dispose of the case in Spl.S.C.No.134 of 2024 within a period of three months from the date of receipt of a copy of this order. sd/- 18/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

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

CRL OP(MD) No.19847 of 2024 Date :18/11/2024 BV (25/11/2024) 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.