Madras High Court
Muneeswaran vs The State Rep. By on 29 January, 2021
Crl. A.(MD)No.18 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 29.01.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.18 of 2021
Muneeswaran .. Appellant
Vs.
1.The State rep. by
The Deputy Superintendent of Police,
Paramakudi Sub Division,
Ramnad District.
2. The Inspector of Police
All Women Police Station,
Paramakudi, Ramnad District.
Crime No.27/2020
3.Anusiya .. Respondents
Prayer : This criminal appeal is filed under Section 14A(2) of Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Amended Act, 2016, to call for the
entire records relating to the impugned order dated 31.12.2020 made in Cr.M.P.No.
1288 of 2020 on the file of the Sessions Judge (Fast Track Mahila Court),
Ramanathapuram and to set aside the same and consequently, to release the appellant
1/5
http://www.judis.nic.in
Crl. A.(MD)No.18 of 2021
on bail in connection with F.I.R. in Crime No.27 of 2020 on the file of the second
respondent.
For Appellant : Mr.M.S.Jeyakarthik
For Respondents : Mr.Bharathi Kannan
Government Advocate
for R1 and R2
: No appearance for R3
JUDGMENT
This appeal has been filed to set aside the order, dated 31.12.2020 made in
Cr.M.P.No.1288 of 2020 on the file of the Sessions Judge (Fast Track Mahila Court),
Ramanathapuram and to enlarge the appellant on bail.
2.The case against the appellant is that he took the victim girl in his Auto and
then raped the victim and exposed her to prostitution. A case in Crime No.27 of
2020, under Sections 344, 366(A), 376 (D) of I.P.C. and Sections 5(g), 5(i), 5(1),
6,16, 17 of POCSO Act and Section 3(2)(Va), 3(1)(w) SC/ST Act, was registered
against the appellant and others. The appellant filed a petition for bail in Cr.M.P.No.
1288 of 2020, before the Sessions Court, Fast Track Mahila Court, Ramanathapuram.
That petition was dismissed by the Sessions Judge. Against the same, the appellant
preferred this Criminal Appeal.
http://www.judis.nic.in
Crl. A.(MD)No.18 of 2021
3.Though notice to the complainant was served, name printed, none appears
for the complainant.
4.On the side of the appellant, it is stated that totally four persons involved in
the offence. The victim is aged about 17 years. A4 was already released on bail by
the Jevenile Court. A2 is having two shops at the bus stand. The appellant herein is
only A3. The victim girl is exploited only by A1 and A2. Already 164 statement of
the victim was recorded by the Magistrate. In the 164 statement, there is no
allegation against the appellant. The appellant is in custody for the past 75 days and
prayed the appellant to be released on bail.
5.On the side of the respondents 1 and 2, it is stated that A2 and A3 are still in
custody. The victim girl is only 17 years old and she is living with her step mother.
On 13.10.2020, after quarrelling with her step mother, the victim girl was standing in
the bus stand, and that she was taken away by the appellant herein in his Auto and
the victim girl was subjected to prostitution for 25 days, afterwards, she was escaped
from the place and has lodged this complaint.
http://www.judis.nic.in
Crl. A.(MD)No.18 of 2021
6.It is seen that the offence is serious in nature. Kidnapping a girl for
commission of prostitution is a crime against the Society. A4 was released on bail,
since he is a Juvenile. Investigation is still pending. Co-accused A2 and A3 are still
in custody. There is no sufficient reason to release the appellant on bail. Hence, this
Court is not inclined to allow the appeal. The Criminal Appeal is dismissed.
29.01.2021
Index : Yes/No
Internet : Yes/No
Ls
Note : In view of the present lock down owing to COVID – 19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The Sessions Judge
(Fast Track Mahila Court),
Ramanathapuram
2. The Deputy Superintendent of Police,
Paramakudi Sub Division,
Ramnad District.
3. The Inspector of Police
All Women Police Station,
http://www.judis.nic.in
Crl. A.(MD)No.18 of 2021
Paramakudi,
Ramnad District.
R. THARANI, J.
Ls
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl. A.(MD)No.18 of 2021
29.01.2021
http://www.judis.nic.in
