Sabaresan @ Karthick v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1714 of 2025 Sabaresan @ Karthick Petitioner(s) Vs State Rep by, The Inspector Of Police, W3, Egmore All Women Police Station, Chintadripet, Chennai.

Cr.No.6/2024 Respondent(s) For Petitioner(s):

M/s.M.Senthil Kumar B.Sridhar M.Madhankumar M.Kamesh For Respondent(s):

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.6 of 2024 registered for the offence punishable under Sections 79, 74 75, 76, 78, 137(i)(6), 64(ii)(k) r/w 49 of BNS r/w Section 67 of Information Technology Act, is on board for consideration. 1/4

2. The incarceration of the petitioner being from 10.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the other than chatting with the victim girl through Snap Chat, the petitioner has nothing to do with the alleged offence, however, he was falsely roped in this case. He also submits that the petitioner is in custody for more than a month and he is ready to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused had committed penetrative sexual assault on the victim girl, who is 40% intellectually disabled, on several occasions, by threatening her that they would publish her obscene photographs on social media and further, they have also sexually harassed through Snap Chat and involved in cyberstalking. He also submits that the bail application filed by the co-accused before this Court in Crl.O.P.No.32701 of 2024 was dismissed as withdrawn on 06.01.2025. He further submits that the investigation in this case is still pending, therefore, if the petitioner is released on bail at this stage, there is every possibility of him absconding and threatening the witnesses.

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4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and taking note of the gravity of the offence committed by the accused and the conduct of the petitioner and also considering the fact that the investigation in this case is still pending, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, the Criminal Original Petition stands dismissed. 29-01-2025 To

1. The Inspector Of Police, W3, Egmore All Women Police Station, Chintadripet, Chennai.

Cr.No.6/2024

2. The Public Prosecutor, High Court of Madras.

HAM 3/4

A.D.JAGADISH CHANDIRA.,J.

ham CRL OP NO. 1714 of 2025 29.01.2025 4/4