The Madurai Bench of the Madras High Court dismissed a bail petition. The Court observed that the petitioner had moved bail earlier and the final report was filed; thus, the petitioner should approach the trial court instead.
Liberty granted to approach the trial Court; bail petition dismissed.
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.
CRL OP(MD). No.14414 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 02.09.2024
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CRL OP(MD). No.14414 of 2024
Alagumalaikannan
... Petitioner/Sole Accused
Vs
The Inspector of Police, Nagaiyapuram Police Station, Madurai.
(Crime No.21 of 2023)
... Respondent/Complainant
For Petitioner : M/s. R.Sundar, Advocate. For Respondent : M.Sakthi Kumar Government Advocate(Crl.side)
PETITION FOR BAIL Under Sec.483 of BNSS, 2023
PRAYER :- To enlarge the petitioner on bail in Spl.S.c.No.144 of 2023 on the file of the Special Court for Exclusive Trial of POCSO Act Cases, Madurai. ORDER : The Court made the following order :-
This Petition is filed to enlarge the petitioner on bail in Spl.S.c.No.144 of 2023 on
the file of the Special Court for Exclusive Trial of POCSO Act Cases, Madurai, in
https://www.mhc.tn.gov.in/judis Crime No.21 of 2023 on the file of the Inspector of Police, Nagaiyapuram Police
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CRL OP(MD). No.14414 of 2024
Station, Madurai.
2.The petitioner/Accused, who was arrested and remanded to judicial custody on 26.06.2024 for the offences punishable under Sections 3(a), 4, 5(m), 6 of Protection
of Child from Sexual Offence Act, 2012 r/w Section 506(i) of IPC, in crime No.21 of 2023, on the file of the respondent police, seeks bail.
3.The petitioner, on an earlier occasion, has moved bail applications and the same were dismissed by order ordered 15.09.2023 and 16.10.2023. These applications are filed, after filing of the final report and taking cognizance by the special Court in Spl.S.C.No.144 of 2023. The petitioner, without approaching the trial Court, filed this petition for bail before this Court.
4.Since the final report was filed before the Trial Court, the petitioner can file petition before the trial Court. Liberty is granted to the petitioner to approach the trial Court. The learned counsel for the petitioner is not ready to argue the matter. For the above said reasons, this petition is dismissed.
sd/02/09/2024
/ TRUE COPY /
/09/2024
Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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CRL OP(MD). No.14414 of 2024
NS TO 1 THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF POCSO ACT CASES, MADURAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, NAGAIYAPURAM POLICE STATION, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.14414 of 2024 Date :02/09/2024
SA/VR/SAR. /20.09.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Whether the High Court should entertain a bail petition filed before it when the petitioner could approach the trial court after the filing of the final report.
Alagumalaikannan
Inspector of Police, Nagaiyapuram Police Station, Madurai
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
