Madras High Court
Dineshrooban vs The Superintendent Of Police on 16 July, 2021
CRL A No.344 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2021
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Criminal Appeal No.344 of 2021
Dineshrooban
S/o.Seshaiya .. Appellant / 1st Accused
Vs.
1.The Superintendent of Police
Nethimedu, Salem
Tamilnadu – 636001
... Respondent No.1 / Complainant
2.The Inspector of Police
Shevapet Police Station, Salem.
... Respondent No.2 /Complainant
3.Vaishnavi
D/o.Rajbabu
.. Respondent No.3 /Defacto
Complainant
Prayer : Criminal Appeal filed under Section 14(A)(2) of SC/ST Act
1989, praying to set aside the order passed by the learned Sessions Judge
Special Court for Exclusive Trial of Cases under POCSO Act, in Salem in
Crl.M.P.No.337 of 2020 dated 20.08.2020 and enlarge the appellant on bail in
Crime No.467 of 2019 on the file of the Inspector of Police, Shevapet Police
Station, Salem District, pending investigation.
1/5
https://www.mhc.tn.gov.in/judis/
CRL A No.344 of 2021
For Petitioner :Mr.M.Venkatachalam
For Respondents 1&2 : Mr.S.Sugendran
Government Advocate (Crl.Side)
JUDGMENT
This Criminal Appeal has been filed by the appellant who is the accused
in Crime No.467 of 2019 for the offences punishable under Sections 7 read
with 8, 16 and 17 of POCSO Act and under Sections 3(2) (va) SC/ST Act and
also under Sections 354(A), 326 and 506(1) of IPC and he seeks bail.
2. The petitioner had filed an application before the designated Court in
Crl.M.P.No.337 of 2020 seeking for bail and the same was dismissed.
Challenging the said dismissal order, the petitioner has filed the present
appeal before this Court.
3. The learned Counsel for the appellant would submit that a false case
has been foisted against the appellant and he has not committed any offence
as alleged by the prosecution. He would submit that the appellant has to work
and pay for his aged parents for their livelihood and treatment. Therefore, he
seeks for grant of bail.
https://www.mhc.tn.gov.in/judis/
CRL A No.344 of 2021
4. The learned Government Advocate (Crl. Side) appearing for the
respondent police would submit that already charges have been framed and
the trial has commenced. He would submit that the evidence of P.W.4 has
been completed and P.W.5 Chief Examination and deposition is in progress
and almost the trial is completed and at this stage, if bail is granted, there is
every possibility of the appellant tampering the witnesses. Hence, he would
vehemently opposed for grant of bail.
5.Heard the learned Counsel for the appellant and the learned
Government Advocate (Crl. Side) appearing for respondents 1 and 2.
6. None appeared on behalf of the defacto complainant. However, the
trial has already commenced and it has come to an end. At this stage this
Court is not inclined to grant bail to the petitioner who has committed the
offence punishable under Sections 7 read with 8, 16 and 17 of POCSO Act
and under Sections 3(2) (va) SC/ST Act and also under Sections 354(A), 326
and 506(1) of IPC and that the age of the victim is only 16 years.
https://www.mhc.tn.gov.in/judis/
CRL A No.344 of 2021
7. Therefore, considering the nature of offence and the stage of trial,
this Court is not inclined to grant bail to the appellant.
8. However, the trial Court is directed to conduct the trial on day to day
basis and complete the trial on or before 16.08.2021 and dispose of the case
on or before 31.08.2021.
9. Accordingly, this Criminal Appeal stands dismissed.
16.07.2021
ksa-2
Note: Issue order copy on or before 23.07.2021
To
1. The Court of the Special Court Exclusive Trial of Cases under POCSO
Act, Salem.
2. The Superintendent of Police
Nethimedu, Salem,Tamilnadu – 636001
3. The Inspector of Police
Shevapet Police Station, Salem.
4. The Superintendent, Salem Central Prison, Salem.
5. The Public Prosecutor Officer, High Court, Madras.
6. The Section Officer, Criminal Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL A No.344 of 2021
P.VELMURUGAN, J
ksa-2
Criminal Appeal No.344 of 2021
16.07.2021
https://www.mhc.tn.gov.in/judis/
