Arputharaj v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Arputharaj

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, Pallikaranai Police Station, Chengalpattu District.

(Crime No.993 of 2022) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in S.C.No.26 of 2023 on the file of the learned Sessions Judge, Mahila Court, Chengalpattu. For Petitioner :

Mr.S.Kalaimani For Respondent :

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

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 27.09.2022, seeking bail in Crime No.993 of 2022 registered for the offence under Sections 451, 294(b), Page No.1 of 4

323, 342, 376, 392 and 506(ii) of IPC @ Sections 323, 34, 342, 354A(i)(ii), 376D, 392, 397, 450 and 506(ii) of IPC.

2.This is the third bail application filed by the petitioner. The earlier bail applications were dismissed considering the gravity of offence. 3.It is the case of the prosecution that on 23.09.2022, the petitioner had called the defacto complainant over phone and asked her for return of Rs.500/-; that the petitioner along with the other accused went to the defacto complainant's house; that the petitioner had committed rape on her and also took away the gold chain and a mobile phone from her. Hence, the case. 4.The learned counsel for the petitioner would submit that the allegations are false; that the petitioner's mother is suffering from cancer and he has to take care of his mother and hence, he may be released on bail. 5.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the case is now posted for crossexamination of Investigating Officer and that the trial will be completed in the near future.

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6.Heard the learned counsel on either side and perused the materials available on record.

7.Considering the fact that this is the third bail application and the earlier bail applications were dismissed taking into account the gravity of offence and the fact that the trial is nearing completion, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed. However, the Trial Court is directed to complete the trial, as expeditiously as possible. The petitioner shall be at liberty to renew the application for bail, if the trial is not completed within a period of two months.

13.03.2025 ata SUNDER MOHAN, J.

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ata 13.03.2025 Page No.4 of 4