Madras High CourtCRL OP/15017/2025dismissed

Chinnamariyappan @ Raja v. State Rep. By The Inspector Of Police

2025-06-12Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Chinnamariyappan ... Petitioner/ Single/Accused Vs.

State rep. by The Inspector of police, AWPS Palacode, Dharmapuri District.

Crime No.3 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.3 of 2025 on the file of the respondent police. For Petitioner :

Mr.M.P.Saravanan For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side).

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.02.2025, for the offence punishable under Sections 5(m), 6(1) of POCSO Act in Crime No.03 of 2025 on the file of the respondent. 1/4

2. Learned counsel for the petitioner submitted that the there was a dispute between the petitioner and the victim girl's mother with regard to usage of common area, due to which, the defacto complainant has lodged a false complaint as if the petitioner had taken the victim girl into a secluded place and had committed penetrative sexual assault against her. Hence, he prayed for grant of bail to the petitioner.

3. The learned Government Advocate (Crl. Side) strongly opposed for grant of bail to the petitioner stating that the petitioner is aged about 65 years and the victim is aged about 04 years and she had categorically stated in her 164 statement that the petitioner had taken her to a secluded place and committed penetrative sexual assault against her.

4. Considering the gravity of the offence committed by the petitioner as against the four year old baby, which is serious and heinous, this Court is not inclined to grant bail to the petitioner.

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5. Accordingly, this Criminal Original Petition is dismissed. 12.06.2025 sma To 1.The Inspector of police, AWPS Palacode, Dharmapuri District.

2. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

sma 12.06.2025 4/4