Naveen Kumar vs State Rep By
2022 Latest Caselaw 5820 Mad

                                                                                 Crl.O.P.No.6329 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 22.03.2022

                                                           CORAM

                             THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                   Crl.O.P.No.6329 of 2022

                     Naveen Kumar                                            ... Petitioner

                                                             Vs.

                     State Rep by
                     The Inspector of Police,
                     All Women Police Station,
                     Mettur,
                     Salem District.
                     (Crime No.4 of 2020)                                    ... Respondent

                     PRAYER: Criminal Original petition is filed under Section 439 of
                     Criminal Procedure Code, to enlarge the Petitioner on bail pending trial of
                     S.C.No.48 of 2020 on the file of the Special District and Sessions Judge
                     Exclusively Trial for POCSO Act Case of Salem District.
                                        For Petitioner    : Mr.N.U.Pressanna
                                        For Respondent    : Mr.A.Gokulakrishnan
                                                            Additional Public Prosecutor

                                                         ORDER

The Petitioner, who was arrested and remanded to Judicial custody

on 20.06.2020 for the offences punishable under Section 506(i) of IPC

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Crl.O.P.No.6329 of 2022

and Section 5(m) and 6 of the Protection of Children from Sexual

Offences Act in Crime No.4 of 2020 on the file of the respondent police,

seeks bail.

2. The case of the prosecution is that the petitioner who is a

married man, had committed penetrative sexual assault on the victim girl

who is aged about 11 years. Hence, the complaint.

3. The learned counsel for the petitioner would submit that this is

the fifth application for bail. This Court while disposing the earlier

application in Crl.O.P.No.22180 of 2021 dated 29.11.2021, had directed

the Trial Court to complete the trial and deliver the judgment as

expeditiously as possible preferably, within a period of two months from

the date of receipt of a copy of that order. However, despite lapse of

months, trial has not been completed so far.

4. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor

would submit that the petitioner is charged for the offence under Section

506(i) of IPC and Section 5(m) and 6 of the Protection of Children from

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Crl.O.P.No.6329 of 2022

Sexual Offences Act. There are twenty witnesses in this case, out of

which, the prosecution had examined LW1 to LW16 as PW1 to PW16

and four witnesses have to be examined. This Court earlier had directed

the learned Trial Judge to complete the trial as expeditiously as possible.

However, due to pandemic restrictions, the prosecution was unable to

proceed with the trial. He would further submit that the case was not

delayed by the prosecution. Further, the case now stands posted on

06.04.2022 before the trial Court. He would further submit that the four

witnesses would be examined as soon as possible.

5. In view of the above, Trial Court is directed to comply with the

earlier order and complete the trial as expeditiously as possible. With the

above direction, this Criminal Original Petition stands dismissed.

22.03.2022 Index:Yes/No Internet:Yes/No Speaking order/Non-Speaking order

shk/sai

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

Crl.O.P.No.6329 of 2022

A.D.JAGADISH CHANDIRA, J.

shk To

1.The Inspector of Police, All Women Police Station, Mettur, Salem District.

(Crime No.4 of 2020)

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6329 of 2022

22.03.2022

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