Munna @ Shaik Julifikar v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Munna @ Shaik Julifikar ... Petitioner Vs.

State Rep. by, The Inspector of Police, All Women Police Station, Ambattur, Redhills, Chennai.

(Crime No.24 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, pending investigation of the case in Crime No.24 of 2025, on the file of the respondent Police.

For Petitioner :

Mr.D.Belavendran for Mr.V.Gopinath For Respondent :

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

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 20.04.2025 for the offences punishable under Section 64(2)(h) of BNS in Crime No.24 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the friend of the defacto complainant's husband. Since the defacto complainant is a pregnant woman and she does not know tamil language, the defacto complainant's husband sent her along with the petitioner who is his friend to accompany with her to hospital for medical check up and to bring back home. While returning back from the hospital, the petitioner had cunningly brought the defacto complainant to his house which is near to the hospital and thereafter he had committed rape on the pregnant lady. Hence the complaint.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner has been falsely implicated in this case. The petitioner is a friend of the defacto complainant's husband. There has been some dispute between them with regard to some transaction. He further submitted that the petitioner was arrested on 20.04.2025. He also submitted that the petitioner is ready to abide by any stringent condition 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 2/4

respondent police reiterated the prosecution case and submitted that in this case the petitioner and the defacto complainant's husband are friends. The petitioner has accompanied the defacto complainant to the hospital for medical checkup who was six months pregnant. While returning back from the hospital, the petitioner had taken the defacto complainant to his house which is near to the hospital and thereafter he had committed rape on the pregnant lady. He further submitted that the medical examination was conducted and the investigation has been completed. Hence, he opposed for granting bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the offence committed by the petitioner is grievous in nature, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 14.05.2025 Vv 3/4

M.NIRMAL KUMAR, J.

Vv To

1. The Inspector of Police, All Women Police Station, Ambattur, Redhills, Chennai.

2. The Public Prosecutor, High Court of Madras.

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