Sathishkumar @ Chinnapaiyan Vs State Rep by, Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Spl.S.C.No.03 of 2021 on the file of the Special Court under POCSO Act, Nagapattinam.

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For Petitioner : Mr.R.Chakkaravarthy For Respondent : Mr.A.Gopinath Govt. Advocate (Crl. Side)

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O R D E R

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The petitioner / accused, who is facing trial in Spl.S.C.No.03 of 2021

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on the file of the Special Court under POCSO Act, Nagapattinam, for the

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.23578 of 2025

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alleged offence punishable under Sections 10 r/w 9(m), 6 r/w 5(m) r/w 18 of POCSO Act, 2012, seeks bail. The petitioner was arrested and remand to judicial custody on 29.04.2025, pursuant to the issuance of NBW issued against him.

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2.This is the case of jumped bail.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and is in custody from 29.04.2025. He further submitted that due to ill health, he was unable to appear before the trial Court and hence, the NBW came to be issued against him. He further submitted that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays to grant bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent vehemently opposed for the grant of bail and submitted that this is the fifth NBW issued against the petitioner for his non-appearance before the trial Court and the same was executed on 29.04.2025. He further submitted that earlier there were four NBWs issued against the petitioner

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.23578 of 2025

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and he was enlarged on bail by the lower Court and also by this Court. He further submitted that the trial is now at the stage of cross examination of witnesses and if the petitioner is let out on bail, there is every possibility of absconding and hampering the trial process.

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5.Considering the fact that the petitioner is habitually absconding to

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drag the trial process and now the trial is at the stage of cross examination of witnesses, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

17.09.2025

smv

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