Prasanna Kumar @ Sullan v. State of Tamilnadu Rep by Inspector of Police, Awps-Dindigul

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 12797 of 2026 Prasanna Kumar @ Sullan

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Dindigul, Dindigul District. (Crime No.14 of 2024)

...Respondent/Complainant

For Petitioner : Mr.S.Sudhanthiran

Advocate

For Respondent : Mr.T.Lenin Kumar Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 14 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 07.04.2024, for the offences punishable under Sections 364(A), 375(D) IPC, 5(l), 5(j) r/w. 6, 7, r/w. 8 of POCSO Act and 3(1)(w)(i), 3(2)(v) SC/ST (POA) Act @ 366, 366(A), 323, 506(ii) IPC, 5(l), 5(j) r/w. 6, 7, r/w. 8 of POCSO Act and 3(1)(w)(i), 3(2)(v) SC/ST (POA) Act, in Crime No.14 of 2024 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner joining with other accused committed gang rape upon two victim girls. Hence, the case was registered and the accused were arrested.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Investigation in this case has been completed and the trial process is going on. He would further submit that the petitioner is in custody from 07.04.2024 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner, who being a lady.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that investigation in this case has been completed and the case is posted before the trial Court for examination of LW29. Totally there are 32 witnesses have to be examined. He would further submitted that it is not only the case under POCSO Act, it also having the offence under SC/AT (POA) Act. Since SC/AT (POA) Act is attracted, the victim has to be heard. He opposed the grant of bail to the petitioner.

5.In reply the learned counsel for the petitioner would submit that the trial Court is vacant. Hence, there is no progress is taking place in the trial.

¶6This Court heard both sides and perused the materials available on record.

¶7Careful perusal of the materials available on record reveal that the victim are two young children. Further it is also stated that the trial of the case is also almost concluded. Out of the 32 witness, 28 witnesses have been examined and the case is posted for examination of LW29. There is likelihood the trial would be over. Considering the nature of allegation, that it is a case of gang rape of two young children, and that SC/ST (POA) Act is also attracted in this case, this Court is of the view that it is not appropriate to grant bail to the petitioner at this stage and it is appropriate to give direction to the trial Court to complete the trial process at the earliest.

8.Accordingly, the Judge, who hold full additional charge of Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul, is directed to proceed with the trial in Spl.S.C.No.72 of 2024 pending on its file and dispose of the same at the earliest.

9.With the above said directions this criminal original petition stands dismissed.

10.Copy of this order shall be marked to the learned Principal District and Sessions Judge, Dindigul, who shall intimate the order of this Court to the Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul. Registry is directed to intimate the order of this Court at the earliest to the Special Court.

(K R S J)

09.07.2026 TM To

1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul.

2.The Principal District and Sessions Judge, Dindigul.

3.The Inspector of Police, All Women Police Station, Dindigul, Dindigul District. (Crime No.14 of 2024)

4.The Superintendent, Central Prison, Trichy.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

6.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 12797 of 2026 Date : 09.07.2026