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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Lakshmanan ... Petitioner/Accused Vs State Represented by The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

(Crime No.01 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in connection with Crime No.01 of 2025 on the file of the respondent Police. For petitioner : Mr.M.P.Saravanan For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.12.2024, for the offences punishable under Section 64 of BNS, 2023 (376 1/4

of IPC) in connection with Crime No.01 of 2025, on the file of the respondent, seeks bail.

2.The case of the prosecution is that when the de-facto complainant is waiting at Hosur Bus Stand, the petitioner came in a two wheeler and picked up her in two wheeler and took her to some forest area and forcefully had sexual intercourse with her. Hence the case.

3.The contention of the learned counsel for petitioner is that the petitioner is a married person and he has been falsely implicated in this case. The petitioner has no reason to forcibly take the victim, who is aged about 80 years and to commit rape. Hence, prayed for granting bail to the petitioner. 4.The learned Government Advocate strongly opposed the petitioner's contention submitting that the victim is a beggar in Hosur bus stand. The petitioner under the guise of dropping the victim to her daughter's house, 2/4

took the victim in his bike to an isolated place in a forest area and there he committed rape. Thereafter the victim was taken to the hospital in 108 Ambulance. The Doctor examined the victim, found lacerations and bleeding injuries in her private parts. Further, the Doctor's opinion is that penetrative sexual assault could not be ruled out. It is the petitioner, who committed the same. Hence, in an inhuman manner the petitioner had committed rape on 80 years old woman.

5.Considering the submissions made on either side and on perusal of the material, it is seen that the medical records are glaring against the petitioner. The victim is aged about 80 years. Hence, this Court is not inclined to entertain this petition and the same is dismissed. 01.07.2025 rsi 3/4

M.NIRMAL KUMAR, J.

rsi To:

1.The Judicial Magistrate No.II, Hosur.

2. The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

3.The Public Prosecutor, High Court Madras.

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