Jayabal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR CRL OP No.14942 of 2025 Jayabal ... Petitioner/A1 Vs State Rep. by, The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

(Crime No.3 of 2025)

...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.3 of 2025 on the file of the respondent police. For Petitioner : Mr.N.Palanivel 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 24.04.2025, for the offences punishable under Sections 5(j), (ii), (k), (l) r/w 6 of POCSO Act in connection with Crime No.3 of 2025, registered on the file of the respondent, seeks bail.

2.The case of the prosecution is that the petitioner had committed aggravated penetrative sexual assault on the minor victim girl, thereby she became pregnant. Hence, the case.

3. The contention of the learned counsel for petitioner is that the victim girl made wrong allegations against the petitioner to escape from her misdeeds. The victim girl admitted in the Government Hospital and she found to be pregnant. Since the victim girl was a minor, complaint lodged to the police and to escape from her misdeeds the victim mentioned the petitioner's name. Further she also included another person, namely, Aravind as responsible person for her pregnancy. 4.The learned Government Advocate (Crl. Side) appearing for the Page No.2 of 4

respondent police submitted that in this case the fetus sent for DNA test. The victim girl confirms that the petitioner as well as Aravind are responsible for her pregnancy. He further submitted that in this case investigation completed, charge sheet filed. Hence, strongly opposed for granting bail to the petitioner.

5.In view of the same, this Court is not inclined to grant bail to the petitioner. Hence, the Criminal Original Petition is dismissed. 6.It is made clear that, if the DNA test report is in favour of the petitioner, the petitioner can revive his bail application. 11.06.2025 rsi Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No M.NIRMAL KUMAR, J.

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rsi To:

1.The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

2.The Fast Track Mahila Cour, Tiruvarur.

3.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

CRL OP No.14942 of 2025 11.06.2025 Page No.4 of 4