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2022 Supreme(Manipur) 97

M. V. MURALIDARAN
Keisungpou T. Panmei – Appellant
Versus
State of Manipur – Respondent


Advocates appeared:
Mr. Julius Riamei, Advocate, for the Petitioner; Mr. H. Samarjit, PP, for the Respondents

Judgement Key Points

Key Points: - The court emphasizes the presumption of innocence and a humane approach in bail applications under POCSO Act, with a focus on speedy trial (p_1, p_37, p_38, p_39). - The trial court is directed to complete the trial within six months and to proceed on a day-to-day basis; the petitioner must furnish a personal bond and comply with specific conditions to grant bail (p_50, p_42, p_43–p_49). - Bail is favored as a general rule, with imprisonment as an exception, and the petitioner’s prolonged custody without progress in trial is a factor considered in granting bail (p_29, p_30, p_41, p_25, p_41). - The case discusses POCSO provisions: Section 29 (presumption), Section 35 (timing for recording child’s evidence), and the need for a time-bound trial under the Act (p_1, p_23, p_39). - The court noted that the offence is serious but held that the merits of the case should not be examined at the bail stage; held that bail can be granted if conditions are met (p_39, p_18, p_41, p_42). - The final order granted bail with conditions including residency, reporting, no contact with witnesses, surrender of passport, and non-tampering with evidence, plus a six-month trial completion directive (p_42–p_49, p_50).

How to determine bail under POCSO Act in light of presumption of innocence and speedy trial requirements?

What is the court’s approach to exercising discretion on bail when the trial is delayed and the accused has been in custody for an extended period?

What are the conditions and duties imposed on a bail petitioner to ensure non-tampering and speedy proceedings in a POCSO case?


JUDGMENT

1. This petition has been filed by the petitioner under Section 439 Cr.P.C to enlarge him on bail by setting aside the order dated 17.2.2022 passed in Criminal Miscellaneous (B) Case No.110 of 2021 on the file of the Special Judge (POCSO), Imphal West.

2. The case of the prosecution is that on 6.12.2018 at about 1.30 to 2.00 P.M., the petitioner sexually assaulted the minor victim by inserting his finger in her private part and had also licked the private part of the victim and had inserted his private part in the mouth of the victim, who is aged about 5 years. Based on the complaint lodged by the mother of the victim, a criminal case in FIR No.12(12)2018 under Section 4 and 8 of POCSO Act, 2012 was registered against the petitioner by TML PS.

3. Mr. Julius Riamei, the learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in the alleged crime. He would submit that the petitioner has been languishing in the judicial custody since his arrest on 6.12.2018. Since investigation has been completed, the custodial interrogation of the petitioner is not required anymore. Further, the petitioner shall neither abscond nor hamper

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