Jeyapandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Jeyapandi ... Petitioner/Sole Accused Vs The State of Tamilnadu, Represented by, The Inspector of Police, Eriodu Police Station, Dindigul District.

(Crime No.15 of 2018) ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. 1/4

PRAYER :- For Bail in Crime No. 15 of 2018 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 30.06.2024 for the alleged offence under Sections 5(1) r/w. 6 of Protection of Child from Sexual Offences Act and Section 363 of IPC, in Crime No.15 of 2018, on the file of the respondent police, seeks bail.

2. The petitioner, who is undergoing trial before the Court below for offence under the POCSO Act, failed to appear before the Court on 10.03.2021 and hence, NBW was issued against the petitioner. Ultimately, the petitioner surrendered before the Court only on 30.06.2024 and he was remanded to judicial custody.

3. Heard the learned counsel on either side and perused the material records of the case.

4. In the considered view of this Court, the petitioner went absconding for more than 3 years and as a result, there was no progress in the case. It is now brought to the notice of this Court after the petitioner was remanded to judicial custody, almost 2/4

all the witnesses have been examined on the side of the prosecution and it is now at the stage of examination of investigation officer.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner had absconded for more than 3 years in this case and also considering the fact that the case is in the fag end of trial, this Court is not inclined to enlarge the petitioner on bail.

6. In the result, this criminal original petition is dismissed and there shall be a direction to the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul to dispose of Spl.S.C.No.5 of 2023 within a period of 2 months from the date of receipt of a copy of this order. sd/- 26/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul.

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2.The Inspector of Police, Eriodu Police Station, Dindigul District.

3. The superintendent, Central prison, madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.20512 of 2024 Date :26/11/2024 RK/VR (09/12/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4