Prakash @ Jay v. State Rep By Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2025
CORAM
THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Prakash @ Jay
...Petitioner/Accused
Vs State Rep. by, Station House Officer, All Women's Police Station, Panruti, Cuddalore District.
(Crime No.44 of 2024)
...Respondent/Complainant
Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.44 of 2024 on the file of the respondent police. For Petitioner : Mr.M.Dinesh Kumar For Respondent : Mr.L.Baskaran Government Advocate (Criminal Side)
ORDER
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The petitioner, who was arrested and remanded to judicial custody on 06.03.2025, for the offences punishable under Sections 127(4) of BNS, 2023 and Sections 5(i), 5(j)(ii), 17 r/w 6 of POCSO Act in connection with Crime No.44 of 2024, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that the petitioner had committed sexual assault on the minor victim girl, thereby the victim girl became pregnant. Hence, the case.
3.The contention of the learned counsel for petitioner is that the victim girl lost her father at her young age and her mother married another person. The victim girl was unable to accept the same and left the home and she came to Cuddalore, where she befriended with one Nisha. The petitioner is known to Nisha. What was the relationship between the victim and Nisha and how the victim girl got pregnant, the petitioner is not aware of the same. The victim girl in her statement under Section 164 Cr.P.C., had given the name of the petitioner as Ajith. In fact, the petitioner is named as Jay @ Prakash and not as Ajith and the respondent police wrongly arrested the Page No.2 of 4
petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the victim girl in her statement under Section 164 Cr.P.C., had given reasons and details about how she left the house on her own and came in contact with Nisha and the petitioner committing sexual assault on her on several occasions. Later the victim girl became pregnant and she was admitted in the hospital. The victim's mother was informed about the same, thereafter the hospital authority sent information to the police and the case was registered. The victim girl identified the petitioner as the responsible person for her pregnancy. He further submitted that in this case now investigation completed, charge sheet filed on 02.06.2025. He further submitted that the petitioner is aged about 38 years and a married person having three children. Hence, strongly opposed for granting bail to the petitioner.
M.NIRMAL KUMAR, J.
rsi Page No.3 of 4
5.In view of the same, this Court is not inclined to grant bail to the petitioner. Hence, the Criminal Original Petition is dismissed. 11.06.2025 rsi Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No To:
1.Station House Officer, All Women's Police Station, Panruti, Cuddalore District.
2.The Public Prosecutor, High Court of Madras, Chennai - 600 104.
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