IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Pronounced on

02.08.2021 11.08.2021 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL. O.P. NO.12934 OF 2021 K.Arulanantham .. Petitioner - Vs -

State, by Central Bureau of Investigation State Crime Branch Chennai. .. Respondent 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.

For Petitioner : Mr. R.Karthik For Respondent : Mr. K.Srinivasan, Spl. PP (CBI Cases)

Mr. Mohammed Jinnah, PP, assisted by Mr. A.Gopinath, GA (Crl. Side)

ORDER

The petitioner, who is arrayed as A-8 in an offence which had created an errie 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