The Madras High Court dismissed a criminal appeal filed by an appellant against a bail rejection order in a POCSO case and an offence under the SC/ST Act, holding that the nature of allegations involving sexual harassment of a minor made it unfit for bail.
Criminal Appeal dismissed; bail denied to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 28.09.2020
PRONOUNCED ON : 08.10.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
Crl.A.No.359 of 2020
Senthilkumar ... Appellant/Accused – 5
Vs.
1.State represented by
The Inspector of Police,
AWPS, Mayiladuthurai
Nagapattinam District.
(Crime No.17 of 2020) … Respondent/Complainant
2.Arokiyaraj
Social Worker,
District Child Protection Unit,
Second Floor Room No.209
District Collector Office
Nagapattinam District. ... Defacto Complainant
Criminal Appeal filed under Section 14-A of the Amendment SC/ST Act, 2015, praying to set aside the order dated 27.08.2020 made in Crl.M.P.No.235 of 2020 before the learned Sessions Judge (Special Court under POCSO Act) Nagapattinam to enlarge the appellant on bail in Crime No.17 of 2020 on the file of the first respondent by allowing this criminal appeal.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondent: Mrs.P.Kritika Kamal Government Advocate (Crl. Side) [R1] No Appearance for R2
JUDGMENT
This case is taken up through video conferencing.
/true copy/
To
Nagapattinam District.
3.The Inspector of Police, AWPS, Mayiladuthurai Nagapattinam District.
kk(co) krd 20/11
Crl.A.No.359 of 2020
2 issues framed by the court
Whether the criminal appeal seeking to enlarge the appellant on bail should be allowed.
Whether the allegations of sexual harassment towards a 14-year-old minor constitute a fit case for granting bail.
2 provisions across 2 enactments
Senthilkumar
State represented by The Inspector of Police, AWPS, Mayiladuthurai Nagapattinam District
Arokiyaraj
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
