Madras High Court
Ravikumar @ Kumar vs The Deputy Superintendent Of ... on 7 August, 2023
Crl.A.No.782 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Crl.A.No.782 of 2023
Ravikumar @ Kumar ...Appellant
vs.
1. The Deputy Superintendent of Police
Villupuram District, Villupuram
2. The Inspector of Police
All Women Police Station
Villupuram (Crime No.59 of 2023
3. Poongavanam ...Respondents
PRAYER: Criminal Appeal filed under Section 14(A) (2) SC/ST
Prevention of Atrocities Act 1989 against the order dated 14.07.2023
made in Crl.M.P. No.1406 of 2023 on the file of the Sessions Judge,
Special Court for exclusive trial of cases under POCSO Act, Villupuram,
and to enlarge the appellant on bail in connection with Crime No.59 of
2023 on the file of the 2nd respondent police.
For Appellant : Mr. M.Guruprasad
For R1 & R2 : Mr.S. Sugendran
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
1/6
Crl.A.No.782 of 2023
JUDGMENT
Challenging the orders dated 14.07.2023 passed by the learned
Sessions Judge, Special Court for exclusive trial of cases under POCSO
Act, Villupuram, in Crl.M.P. No.1406 of 2023 and to enlarge the present
appellant on bail, the present Criminal Appeal is filed.
2. The appellant is the 1st accused in Crime No.59 of 2023 for the
alleged offences punishable under Sections 451, 294(b), 147, 354A, 355,
506(1) IPC, 8 of Protection of Child from Sexual Offences Act, 2012
and 3(1)(w)(i) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act,
1989.
3. The case of the prosecution is that the defacto complainant is
working as a night watchman and his wife is working in Kuwait. The
defacto complainant used to leave her daughter in his house situate at
Kulathumettu street, Veerangipuram, Kandachipuram Taluk. On
05.06.2023, at about 12 midnight, the accused trespassed into the house
of the defacto complainant and sexually assaulted her daughter, who was
then minor. The defacto complainant was informed about the same the
https://www.mhc.tn.gov.in/judis
Crl.A.No.782 of 2023
next day morning by her daughter and when he was about to leave home
for lodging a complaint with the police against the accused, the relatives
of the accused came down to his home, assaulted him and his daughter
with broom stick and chappals. They also threatened them with dire
consequences. The defacto complainant, thereafter, lodged a complaint
with the Inspector of Police, All Women Police Station, Villupuram, who
registered an FIR in Crime No. 59 of 2023 against the present appellant
and four others for the alleged offences punishable under Sections as
stated above.
4. The present appellant (A1) filed a petition in Crl.M.P. No.1406
of 2023 before the Sessions Judge, Special Court for exclusive trial of
cases under POCSO Act, Villupuram, under Section 439 Cr.P.C to
enlarge him on bail. The learned Sessions Judge, Special Court for
exclusive trial of cases under POCSO Act, Villupuram, after considering
the rival submissions dismissed the petition on the ground that the
investigation is in nascent stage and that the victim belongs to Scheduled
Caste community.
https://www.mhc.tn.gov.in/judis
Crl.A.No.782 of 2023
5. Aggrieved over the said orders passed by the trial court judge,
the present Criminal Appeal is filed.
6. The learned counsel for the appellant contended that a false case
has been foisted against the accused for a money dispute between the
defacto complainant and the accused and that the present appellant is in
judicial custody for more than 40 days. He further submitted that the
substantial part of investigation has been completed by the respondent
police and that the appellant undertakes to abide by any condition that
may be imposed by this Court.
7. It is represented by Mr.S. Sugendran, learned Additional Public
Prosecutor, on instructions, that request for recording 164 Cr.P.C.
statement of the victim girl has been given to the concerned court by the
police and that investigation is still pending.
8. The age of the victim girl is 17 years and the age of the accused
is 35 years. Though it is contended that there was a money transaction
between the accused and the defacto complaint, the same has not been
substantiated. The investigation is still pending. Considering the
https://www.mhc.tn.gov.in/judis
Crl.A.No.782 of 2023
seriousness of the offence, this Court is not inclined to grant bail to the
accused.
9. In the result
i. the Criminal appeal is dismissed.
ii. The orders dated 14.07.2023 passed by the learned Sessions Judge,
Special Court for exclusive trial of cases under POCSO Act,
Villupuram, in Crl.M.P. No.1406 of 2023 is confirmed.
07.08.2023
bga
Index : yes/no
Speaking /Non speaking Order
To
1. The Deputy Superintendent of Police
Villupuram District, Villupuram
2. The Inspector of Police
All Women Police Station
Villupuram (Crime No.59 of 2023)
3. The Sessions Judge, Special Court for exclusive trial of cases under
POCSO Act, Villupuram.
4. The Additional Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.A.No.782 of 2023
R.HEMALATHA, J.
bga
Crl.A.No.782 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
