Subash @ Subin v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15330 of 2023 Subash @ Subin ... Petitioner/Sole Accused

Vs The State represented by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli, Tirunelveli District. Crime No.281/2019.. ... Respondent/Complainant For Petitioner : M/s.Indrachithu.T,

Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- To enlarge the Petitioner/sole accused on bail in connection with a case in Spl.C.C.No.8 of 2020 in Crime No.281/19 on the file of the special court for POCSO Act Cases,Tirunelveli. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 29.05.2023 on execution of Non Bailable Warrant issued in connection with a case in Spl.C.C.No.8 of 2020, on the file of the Special Court for POCSO Act Cases, Tirunelveli, for the alleged offences under Sections 366(A), 376(3), 417 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, in Crime No.281 of 2019, on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner would submit that he was absent for only one hearing. Hence, the warrant has been issued.

3.The learned Additional Public Prosecutor would submit that even though warrant was issued, he remained absconding for five months. Only after that he was arrested. Further he would submit that the trial has commenced before the trial Court. LW1 to LW3 is going to be examined on 01.09.2023.

4.Let the respondent police produce the witnesses before the trial Court. After examination of the above said material witnesses are over, the petitioner can revive the bail application before the concerned Court, without any reference to this Court.

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

sd/-

23/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TM TO 1 THE JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI. 2 THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI,TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.T.INDRACHITHU, Advocate ( SR-12691[I] dated 23/08/2023 ) ORDER IN CRL OP(MD) No.15330 of 2023 Date :23/08/2023 SS/VR/05/09/2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023