Sole accused in a POCSO and IPC case sought bail when the trial was almost over with cross-examination of D.W.1 pending. The court held that at this stage he was not entitled to relief and dismissed the petition, directing him to face completion of the trial.
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.8879 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2024
PRESENT :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.OP(MD)No.8879 of 2024
Dharmar ... Petitioner / Accused
Vs.
The Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram Distirct. (Crime No.5 of 2022) ... Respondent/Complainant
For Petitioner : Mr.A.JEYARAM For Respondent : Mr.R.SURESH KUMAR Government Advocate (Crl.side)
PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER:- For Bail in Crime No.5 of 2022 on the file of the respondent herein. ORDER:- The Court made the following order:-
The petitioner / sole accused herein, who was arrested on 26.04.2022 for the
alleged offence under Section 363, 294(b), 506(i) of IPC and 5(k), 5(l), 5(m) and 6 of POCSO Act, in Crime No.5 of 2022, on the file of the respondent police, seeks bail.
daughter is a mentally retarded child. She was given treatment regularly; Studying
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Crl.OP(MD)No.8879 of 2024
5th standard in Panchayat Union Primary School. On 25.04.2022 at about 4.30 p.m.,
out of the school time, she returned to the house and was attending natural call on the back side of the house. At that time, her elder daughter namely Durka Devi was standing. The accused person at that time alleged to have made bad sign to the younger daughter in an indecent manner. The elder daughter shouted. On enquiry, the younger daughter disclosed that for several times she was subjected to sexual harassment by the accused. On the basis of the above said occurrence, the case was registered.
almost over and the case is posted to 25.06.2024, for cross examination of D.W.1.
sd/-
19/06/2024
/ TRUE COPY /
/06/2024
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.8879 of 2024
PNN
TO 1 THE SESSIONS JUDGE (FAST TRACK MAHILA COURT), RAMANATHAPURAM.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KAMUTHI, RAMANATHAPURAM DISTIRCT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.8879 of 2024 Date :19/06/2024
SA/JGB/SAR. /28.06.2024/3P/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 accused, at the fag end of trial, is entitled to bail under Section 439 Cr.P.C. in a POCSO case.
3 provisions across 3 enactments
Dharmar
The Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram District
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
