Moitheen Abdul Kadhar v. The State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Moitheen Abdul Kadhar S/o. Jamal Rowther ... Petitioner / Accused Vs.

The State represented by:

The Inspector of Police, All Women Police Station, Saidapet, Chennai District.

(Crime No.20 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.20 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. R. Loganathan For Respondent : Mr. Leonard Arul Joseph Selvam 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 30.12.2024, seeking bail in Crime 1/5

No.20 of 2024 registered for the offences under Sections 5(1) read with 6 of POCSO Act and Sections 87 and 336(3) of B.N.S..

2. The case of the prosecution is that the petitioner is working as a Teacher in a School, where the victim girl aged about 16 years is studying; that the petitioner lured the victim girl promising to marry her and to have a sexual intercourse; that he had called the victim girl privately stating that he would get her married; that the victim girl informed her parents and thereafter, the petitioner was caught red handed.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; and that in any case, considering the period of incarceration of the petitioner, further custody of the petitioner is not required and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is already a married man and he had married 3 persons and in fact, the earlier complaint was lodged by one of the victims in Cr. No.336 of 2023 on 23.09.2023 and opposed 2/5

the grant of bail to the petitioner.

5. The petitioner is aged about 40 years. The victim is aged about 16 years. The petitioner has bad antecedents. The offences committed by the petitioner is grave in nature. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner at this stage.

6. Accordingly, the Criminal Original Petition is dismissed. 20.03.2025 mjs To

1. The Inspector of Police, All Women Police Station, Saidapet, Chennai District.

2. The Public Prosecutor, High Court of Madras. 3/5

SUNDER MOHAN., J.

mjs 4/5

20.03.2025 5/5