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2021 Supreme(Mad) 1352

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J.
K. Arulanantham – Petitioner
Versus
State by Central Bureau of Investigation, Chennai – Respondent
Crl. O.P. No. 12934 of 2021
Decided On : 11-08-2021

Advocates:
Advocate Appeared:
For the Petitioner: R. Karthik.
For the Respondents: K. Srinivasan, Mohammed Jinnah, A. Gopinath.

Headnote:

Constitution of India,1950 – Articles 141, 142 and 21 – Criminal Procedure Code,1973 - Sections 173(5), 173 (8) 167 (2) and 57 - Prohibition of Harassment of Women Act and Information Technology Act - Indian Penal Code,1860 - Section 201 - Sexually assaulting and abusing the victims – Disappear of evidence - Whether any offence appears to have been committed and, if so, by whom - Whether the accused has been arrested - Whether he has been released on his bond and, if so, weather with or without sureties - Whether he has been forwarded in custody under section 170 - Pollachi Town Police Station, leading to the arrest of A-1 to A-4 and was arrested and accused were remanded to judicial custody - Subsequent to the issuance of the notification by the Government of Tamil Nadu transferring the investigation to the respondent respondent herein took up the case after initial investigation, fresh charge sheet was filed by the respondent herein - Subsequent to same, further investigation by the respondent resulted in arrest of A-6 to A-8 - Court is concerned about A-8, who, according to the prosecution was arrested - Case of prosecution that though initial charge sheet relating - Held, Court would like to recapitulate words and thoughts of the Father of our Nation, Mahatma Gandhiji, who had lamented that independence of our country would stand fully achieved only when a day comes when women folk are able to go outside without any fear during the night - Pathetic situation that has unfolded since independence is that the women folk are not able to move out without fear even during the day time as their security and safety are at peril at the hands of anti-social elements, who prey on the women folk to satisfy their lust as is reflected in this case - Courts alone could infuse a semblance of safety in minds of the common man that the justice delivery system will step in to fill up the lacunae to not only render speedy justice but also see to it that persons – Ordered Accordingly

JUDGMENT :

M. DHANDAPANI, J.

Prayer: Criminal Original Petition filed u/s 439 Cr.P.C. praying this Court to enlarge the petitioner on bail in Crime No. 02 of 2019 on the file of the respondent Central Bureau of Investigation, State Crime Branch, Chennai.

1. The petitioner, who is arrayed as A-8 in an offence which had created an eerie atmosphere in the society, and attracted very many sections of the Indian Penal Code and also Prohibition of Harassment of Women Act and Information Technology Act, has filed the present petition for enlargement on default bail, in view of the dismissal of his petition for default bail in Crl. M.P. No. 94/2021 by the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore, vide order dated 2.7.2021.

2. Initially the case was registered on 24.2.19 in Crime No. 59/2019 by Pollachi Town Police Station, leading to the arrest of A-1 to A-4 and, thereafter, on 5.4.19 A-5 was arrested and the accused were remanded to judicial custody. Subsequent to the issuance of the notification by the Government of Tamil Nadu transferring the investigation to the respondent herein, the respondent herein took up the case on 16.4.19 and, thereafter, after initial investigation, fresh charge sheet was filed by the respondent herein on 24.5.19. Subsequent to the same, further investigation by the respondent resulted in the arrest of A-6 to A-8. In the present case, this Court is concerned about A-8, who, according to the prosecution was arrested on 5.1.2021. It is the further case of the prosecution that though initial charge sheet relating to A-1 to A-5 was filed on 24.5.19, however, subsequent to the arrest of A-6 to A-8, supplementary charge sheet was filed on 22.2.2021.

3. The offence in which the petitioner has been implicated pertains to the act of various accused, including the petitioner, in sexually assaulting and abusing the victims, many in number, which has resulted in the registration of the crime by the Pollachi Town Police, which was, thereafter, transferred to the respondent herein vide notification issued by the Government of Tamil Nadu. For the present, it is not necessary to go into the intricate details about the commission of the offence, but suffice to deal with the issue relating to bail, as sought for by the petitioner. However, when the matter was heard, learned Special Public Prosecutor appearing for the respondent, drew the attention of this Court to one very important aspect in the matter, which requires a deeper consideration, which this Court will advert to after discussing the issue relating to grant of bail.

4. The present bail petition has been moved by the petitioner on the ground that the charge sheet has been filed well beyond the period of 90 days as mandated u/s 167 (2) (a) (i) Cr.P.C. and, therefore, the petitioner is entitled to default bail, as provided under the said Section.

5. When the matter was taken up for hearing on 27.07.2021, in view of the gravity of the offence and the allegations raised against the accused, this Court had directed the respondent to file a report on certain aspects and pursuant to the said direction, a report has been filed by the respondent.

6. The respondents, vide their report dated 02.08.2021 has given particulars on the aspects on which this Court had asked for clarification and this Court is satisfied with the details furnished by the respondents. On three of the issues, in which this Court had sought for clarification relates to the time required for receipt of reports from the forensic lab, when the trial would commence and the assistance needed by the respondent from the State police in the matter of investigation.

7. Insofar as the time required for the reports to be received from the forensic lab, the respondent has submitted that this Court may give direction to the forensic lab to make the reports ready within a period of two weeks from the date of receipt of a copy of this order, preferably on or before 17.08.2021.

8. Insofar as com

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