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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl.O.P. No. of 2024
In
Cr. No. 02 of 2024
(On the file of the Respondent Police)

Shanmugam @ Sambath, Male aged 34 years,

S/o.Marimuthu.
No.48A, Koothandavar Kovil Street,
Alandural, Coimbatore. ...Petitioner/Accused

Vs.
State Rep. by,
The Inspector of Police,
AWPS., Perur,
Coimbatore.
(Cr.No.02 of 2024). ...Respondent/Complainant

BAIL PETITION PAPERS AND TYPED SET PAPERS

S.NO DATE NATURE OF DOCUMENT PAGES

1. 20.09.2024 Coding Sheet
2. 20.09.2024 Bail Petition
TYPED SET
3. 09.02.2024 Dismissed Order Copy in Crl.M.P.No. 144
of 2024
4. 16.07.2023 CSR.NO. 260 of 2023 lodged by the
petitioner Brother

5. *** Closure Report by the Petitioner Brother

6. 20.09.2024 Memo of Appearance

Dated at Chennai on this 20th day of September 2024.

Counsel for petitioner

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MEMORANDUM OF CRIMINAL ORIGINAL PETITION

(Under Section 439 of Cr.P.C)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Crl.O.P. No. of 2024
In
Cr. No. 02 of 2024
(On the file of the Respondent Police)

Shanmugam @ Sambath, Male aged 34 years,

S/o.Marimuthu.
No.48A, Koothandavar Kovil Street,
Alandural, Coimbatore. ...Petitioner/Accused
Vs.
State Rep. by,
The Inspector of Police,
AWPS., Perur,
Coimbatore.
(Cr.No.02 of 2024). ...Respondent/Complainant

PETITION PRAYING FOR BAIL U/s. 483 of B.N.S.S.

The Petitioner submits as follows:

1. The Petitioner submits that he was arrested by the Respondent Police for

the alleged offence under section 9 (m) r/w 10 of POCSO Act 2012 and 506 (i) of

IPC by the Respondent police on 22.01.2024 and remanded to judicial custody very

same day on 23.01.2024.

2. The case of the prosecution is the defacto complainant namely Nishanthi

W/o. Sathishkumar lodged the complaint before the respondent police station on

22.01.2024, stating that her elder daughter/victim who is 11 years old studying 6 th

STD, when the Victim girl child gone out for tuition on 16.12.2023, while she was

playing with other children’s on the cement stage near her house at around 2 p.m., at
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that time, her distant relative/her brother/petitioner namely Shanmugam @ Sambath

came to the stage where her daughter/victim girl child playing and the petitioner

pinched the victim girl child waist and lift her. After two days later the victim girl

child conveyed the same to the defacto complainant and the defacto complainant and

her husband went to the petitioner’s house and asked him to not to do the same again.

Later on 22.01.2024 at around 9.00p.m., the petitioner went to the defacto

complainant house threatened her and her family members. Hence the charge.

3. The Petitioner submits that there is dispute and the defacto complainant none

other than the cousin brothers and sisters.

4. The Petitioner further submits that previous to the occurrence on 16.07.2023 the

petitioner one Gangadharan lodged the complaint before the Alandurai Police Station,

Coimbatore, against the defacto complainant husband, CSR was also issued by the

Alandurai Police Station in CSR.No.260 of 2023.

5. The Petitioner further submits that he is working as a van driver, there is a

dispute the petitioners brother and the defacto complainant husband, the defacto

complainant husband in a drunken mood, he had used unparliamentary words against

the petitioner’s brother, based on this the petitioner’s brother lodged a complaint on

16.07.2023 against the defacto complainant husband before the Alandurai Police

Station, with the elders of the both the family, the case has been withdrawn by the

defacto complainant brother.

6. The Petitioner further submits that keeping the vengeance of the complaint

dated 16.07.2023, the defacto complainant lodged the false complaint using her minor
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daughter as a victim that too after on 23.01.2024 before the respondent police, without

conducting any enquiry the respondent police registered a case against the petitioner.

7. The Petitioner further submits that as per the prosecution version the victim is

playing very close to her residence the defacto complainant was far away from the place

of occurrence.

8. The Petitioner further submits that there is a already motive between defacto

complainant husband and the petitioner, the present false complaint was lodged by the

defacto complainant against the petitioner.

9. The Petitioner further submits that when there is a already dispute between the

two families, no chance of pinching the victim girl, near to the house of the defacto

complainant.

10. The Petitioner further submits that occurrence took place on 16.12.2023 on

2.00p.m., whereas complaint lodged only on 23.01.2024 at 9.00a.m., the petitioner is

none other than the cousin father of the victim girl, there is a clear motive established,

since there is a dispute between both the families.

11. The Petitioner further submits that on the date of registration of FIR very

same day the petitioner was arrested and remanded into Judicial Custody.

12. The Petitioner further submits that already 164 statement of the Victim girl

was recorded, investigation completed.

13. The Petitioner further submits that he is van driver, only from his meagre

income he is living his lively hood.

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14. The Petitioner further submits that the respondent police very particularly known

about the family dispute between both the families, even though the respondent police

by supressing the said facts they are registered the complaint against the petitioner.

15. The Petitioner further submits that since the above said case is registered

against child, the FIR was freezed by the respondent police.

16. The Petitioner further submits that the change of circumstance is that the

investigation is almost completed, and he is incarsination period for more than 57 days.

17. The Petitioner submit that he is residing in the said address and ready to abide

by any stringent condition imposed by this Hon'ble Court.

18. The Petitioner submits that he is ready to offer solvent sureties in the event of

release on bail.

19. The Petitioner submits that he is the sole bread winner of his family and

working and if bail is not granted to him, he and his family members will be seriously

prejudiced.

20. The Petitioner submits that he moved an 1 st bail application before this

Hon’ble Court in Crl.O.P.No.5143 of 2024 and the same was dismissed on

04.03.2024.

21. The Petitioner submits that this is the 2 nd Bail Petition filed before this Hon'ble

Court, No Similar Petition is filed or Pending before any other Session Court or High

Court at Chennai as on date.

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In this Circumstance it is humbly prayed before this Hon'ble Count that it may be

pleased to enlarge the Petitioner on Bail in the above Cr.No. 02 of 2024 on the file of

the Respondent and thus render justice.

Date at Chennai on this 20th day of september 2024.

Counsel for Petitioner

1. Bail to the Satisfaction on learned Principal Special Court of Exclusive Trial

cases under POCSO Act, Coimbatore.

2. The Accused Confined in Central Prison, Coimbatore.

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In the High Court of

Judicature at Madras

Crl.O.P.No. of 2024
In
Cr. No. 02 of 2024
(On the file of the Respondent Police)

Shanmugam @ Sambath,M/34
S/o.Marimuthu.
...Petitioner/Accused

Vs.
State Rep. by,
The Inspector of Police,
AWPS, Perur.,
Coimbatore.
(Cr.No.02 of 2024).

... Respondent/Complainant

BAIL PETITION U/S. 483 OF

B.N.S.S.

MONIESHA.S
COUNSEL FOR PETITIONER
Cell. No. 9025639924