Petchimuthu @ Peatchimuthu vs Inspector Of Police

M.Dhandapani, J

The petitioner, who was arrested and remanded to judicial custody on 24.12.2023 for the offence punishable under Section Girl Missing altered into Sections 366, 346 IPC and Sections 5(I) r/w 6 & 17 POCSO Act in Crime No.385 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the defacto complainant is having nine children, out of which seven are married. On 03.09.2023, the defacto complainant and his family members were went to his first daughter’s new house ceremony function at Thisayanvilai. When they about to return back, his 9th daughter was missing. Hence, he preferred complaint. Thereafter, it came to light that the accused persons kidnapped the daughter of the defacto complainant, in a car and made sexual assault. The petitioner herein is the driver of the car, which was used to kidnap the victim girl.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is a taxi driver and A4 in this case hired the car. Hence, he prayed to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that A1 is none other than the husband of the victim girl’s sister and he kidnapped her and committed sexual assault on her. He would further submit that this Court, by an order dated 09.02.2024 issued a direction to the Superintendent of Police, Tirunelveli to conduct investigation based on the statement of the victim girl and file a report before this Court and today a report is filed before this Court.

5.Mr.R.Yogesh Kumar, Deputy Superintendent of Police, Valliyoor, Tirunelveli District is present before this Court and filed a report as directed by this Court stating that the Investigating Officer, Mrs.Rajakumari, had not conducted the investigation in a proper manner and without considering the statement of the victim girl recorded under Section 164 Cr.P.C., before the learned Judicial Magistrate, Valliyoor, filed charge sheet, for which, a disciplinary proceedings was initiated in PR.No.11 of 2024 under Rule 3(a) of the Tamil Nadu Police Subordinate Service Rules, 1955.

5.Considering the seriousness of the allegations levelled as against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

6.However, this Court is not satisfied with regard to the report filed by the Superintendent of Police, since the disciplinary proceedings were initiated only against the Investigating Officer, who has filed the final report, without perusing the statement under Section 164 Cr.P.C., and regarding the other officials mentioned, in the Section 164 Cr.P.C. statement, the report is silent.

7.The Superintendent of Police, Tirunelveli is directed to re-do the entire exercise, monitor the progress of the present case and file appropriate report before this Court regarding the other erring officials on 21.03.2024. Post on 21.03.2024 for filing progress report.