Madras High Court
Moorthy vs The Deputy Superintendent Of ... on 29 December, 2021
Crl.A.No.681 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.12.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Appeal No.681 of 2021
Moorthy ... Appellant
Versus
1.The Deputy Superintendent of Police,
Villianur Circle,
Pondicherry.
2.State Rep.by
The Station House Officer,
Mangalam Police Station,
Pondicherry,
Crime No.187 of 2020.
3.The Chairperson,
Child Welfare Committee,
Ariyankuppam,
Puducherry. ... Respondents
Criminal Appeal filed under Sections 374(2) of Criminal Procedure
Code, to call for the records and set aside the order in Crl.M.P.No.2573 of
2021 dated 22.11.2021 passed by the learned Special Judge, Pondicherry and
to enlarge the petitioner on bail in Crime No.187 of 2020 on the file of the
respondent police.
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Crl.A.No.681 of 2021
For Appellant : Mr.M.Karthik
For Respondents : Mr.V.Balamurugane
Public Prosecutor
Pondicherry
JUDGMENT
This Criminal Appeal has been filed against the order dated 22.11.2021
in Crl.M.P.No.2573 of 2021 passed by the learned Special Judge, Pondicherry
and to enlarge the appellant on bail in Crime No.187 of 2020 on the file of the
respondent/police.
2.The appellant, who was arrayed as A8 along with other accused were
arrested and remanded to judicial custody on 11.11.2020 for the offences
under Sections 6 and 10 of The Protection of Children from Sexual Offences
(Amendment) Act 2019; Section 17 of The Protection of Children from
Sexual Offences Act 2012; Section 3(1)(w)(i) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015; Section
3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act 1989; Section 14(1) of Child Labour (Prohibition and
Regulation) Act, 1986; Sections 372, 373, 374, 376 A B of IPC along with
Sections 75, 77 and 81 of the Juvenile Justice (Care and Protection of
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Crl.A.No.681 of 2021
Children) Act, 2015 and Section 376(3), 341, 342 of IPC r/w Section 34 of
IPC and to delete the Sections of Law 3(1)(i)(iv) (xii) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime
No.187 of 2020 on the file of the 2nd respondent/police herein. Hence, the
appellant and other accused/A5 filed a petition under Section 439 (1) Cr.P.C
before the learned Special Judge, Puducherry seeking bail. After hearing the
arguments, the lower Court, dismissed the petition. Hence, the appellant has
come forward with the present Criminal Appeal seeking bail.
3.The learned counsel for the appellant submitted that the trial Court
dismissed the petition only on the ground that while deposing evidence, the
victim children under fear reported that if the accused are released on bail,
they will do anything. He further submitted that the appellant is in custody for
more than 396 days and he is no way connected with the alleged offence and
if the appellant is granted bail he is ready to abide by any conditions imposed
on him and thereby, he prays to grant bail to the appellant. He further
submitted that he has not impleaded the victims as party in the present Appeal
and hence, he seeks permission of this Court to implead the victims.
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Crl.A.No.681 of 2021
4. The learned Public Prosecutor, Pondicherry appearing for the
respondents submitted that the offences committed by the appellant are
serious in nature and the investigation is pending and also the charge sheet is
yet to be filed. Hence, he vehemently objected to grant bail to the appellant.
5.Heard the learned counsel on either side and perused the materials
available on record.
6.On a perusal of the records and the submissions made by the learned
counsel on either side, this Court is of the opinion that the appellant is
involved in the offence punishable under Sections 6 and 10 of The
Protection of Children from Sexual Offences (Amendment) Act 2019; Section
17 of The Protection of Children from Sexual Offences Act 2012; Section
3(1)(w)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act 2015; Section 3(2)(V) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment Act 1989; Section
14(1) of Child Labour (Prohibition and Regulation) Act, 1986; Sections 372,
373, 374, 376 A B of IPC along with Sections 75, 77 and 81 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 and Section 376(3), 341,
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Crl.A.No.681 of 2021
342 of IPC r/w Section 34 of IPC and to delete the Sections of Law 3(1)(i)(iv)
(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 are serious in nature and investigation is pending and charge sheet
has not yet been filed. During the investigation, if the appellant is released on
bail, there is a possibility of tampering the witnesses and destroy the material
evidence.
7.In the light of the above facts and considering the serious nature of
the offences, this Court is not inclined to grant bail to the appellant.
Accordingly, this Criminal Appeal is dismissed.
29.12.2021
Index : Yes/No
Speaking Order/Non Speaking Order
ms
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Crl.A.No.681 of 2021
To
1.The Special Judge,
Pondicherry.
2.The Superintendent,
Central Prison, Kalapattu.
3.The Public Prosecutor,
Pondicherry.
4.The Deputy Superintendent of Police,
Villianur Circle,
Pondicherry.
5.The Station House Officer,
Mangalam Police Station,
Pondicherry.
6.The Chairperson,
Child Welfare Committee,
Ariyankuppam,
Puducherry
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Crl.A.No.681 of 2021
P.VELMURUGAN, J.
ms
Crl.A.No.681 of 2021
29.12.2021
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