Sivasankar v. State Rep By, Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN Sivasankar ... Petitioner Vs.

State Rep. by The Station House Officer Neyveli Township Police Station Cuddalore District (Crime No.29 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the Petitioner on bail in Crime No.29 of 2025, on the file of the respondent Police.

For Petitioner : Mr.K.Gandhi Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 25.01.2025, seeking bail in Crime No.29 of 2025 registered for the offence under Section 126(2), 296(b), 75, 351(2) of BNS, 2023 r/w. Section 4 of the TNPWH Act, 2002 [341, 294(b), 1/4

354A, 506(ii) of IPC].

2.The case of the prosecution is that the Petitioner waylaid the de facto complainant/victim girl, abused her with filthy language, threatened her with dire consequences and inappropriately touched and assaulted her. 3.Learned counsel appearing for the Petitioner submitted that the Petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the Petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case. The learned Government Advocate further submitted that there are eight previous cases against the petitioner. 5.Heard the learned counsel appearing for the Petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.

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6.Considering the nature of allegations, period of incarceration undergone by the petitioner and the fact that the petitioner had committed serious offences against the victim girl and sexually assaulted her, this Court is not inclined to grant bail to the Petitioner. Accordingly, this Criminal Original Petition is dismissed.

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G.K. ILANTHIRAIYAN, J.

sai To 1.The Station House Officer Neyveli Township Police Station Cuddalore District 2.The Public Prosecutor, High Court of Madras.

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