Sudhakar v. State of Tamilnadu Rep by

J U D G M E N T This Criminal Appeal is preferred against the order dated

24.10.2024 made in Crl.M.P.No.3937 of 2024 on the file of the Principal District and Sessions Judge, Kallakurichi.

¶2Learned counsel for the appellant submitted that based on the complaint of the de-facto complainant, the respondent-Police registered a case against him in Crime No.28 of 2023 for the offences punishable under Sections 376(2)(1) and 342 IPC and Section 5(k) read with 6 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as 'POCSO' Act] and Sections 3(1)(w)(i),3(2)(va) @ Section 366, 342 IPC and Section 5(k) read with 6 of POCSO Act and Section 3(1)(w)(i), 3(2)(va), 3(2)(v) of Scheduled Castes and Scheduled Tribes Page No.2/6 (Prevention of Atrocities) Act, 1989 Amendment Act, 2015. He further submitted that the appellant is innocent and he is no way connected with the alleged offences and a false case has been foisted against him. He further submitted that even though charge sheet was taken on file, there is no progress in the case. He further submitted that the appellant is in judicial custody from 21.08.2023 onwards and taking advantage of his incarceration, the prosecution has not examined any witnesses and kept the proceedings pending. Therefore, he prays to release the appellant on bail.

¶3Learned Additional Public Prosecutor appearing for the respondents 1 and 2 - Police, on instructions, submitted that already charges were framed and summons issued to the witnesses and hence, the trial is in progress.

¶4Learned Legal Aid counsel appearing for the third respondent-victim submitted that at the time of occurrence, the victim is aged about Page No.3/6 16 years and she is a person with an intellectual disability. Therefore, if the appellant/accused is released on bail, there is a possibility of tampering the witnesses and trial would be protracted and hence, he strongly objects for granting bail to the appellant.

¶5Heard both sides and perused the materials available on record.

¶6Considering the facts and circumstances and also considering the age of the victim and taking into consideration the serious nature of offences committed by the appellant, this Court is of the view that if the appellant is released on bail, there will be possibility of tampering the witnesses and trial would be protracted and hence, this Court is not inclined to grant bail to the appellant. Therefore, this Criminal Appeal is dismissed.

¶7It is seen from the records that, since the date of occurrence is

19.08.2023, charge sheet was already taken on file and witnesses have Page No.4/6 already been summoned and hence, the trial Court is directed to dispose of the case on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this judgment.

24.04.2025 Index : Yes/No Speaking Order : Yes/No ms To

¶1The Principal District and Sessions Judge, Kallakurichi.

¶2The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

¶3The Inspector of Police, A.W.Police Station, Thirukoilur.

¶4The Officer incharge, Sub Jail, Kallakurichi.

¶5The Public Prosecutor, High Court, Madras. Page No.5/6 P.VELMURUGAN, J ms

24.04.2025 Page No.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.04.2025 CORAM: THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Appeal No.1439 of 2024 Sudhakar ... Appellant ..vs.. 1. State of Tamil Nadu, Rep.by The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District. 2. State of Tamil Nadu, Rep.by The Inspector of Police, A.W.Police Station, Thirukoilur, Crime No.28 of 2023. 3. Kalaiyarasi ... Respondents Criminal Appeal filed under Sections 14A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, to set aside the order dated 24.10.2024 made in Crl.M.P.No.3937 of 2024 on the file of the Principal District and Sessions Judge, Kallakurichi by allowing this Criminal Appeal and enlarge the petitioner on bail pending investigation in Crime No.28 of 2024 on the file of the respondent-Police. Page No.1/6 For Appellant : Mr.S.Nedunchezhiyan For Respondents : Mrs.G.V.Kasthuri Additional Public Prosecutor for R1 and R2 Mr.M.Mohamed Saifulla legal aid counsel for R3