G.Muthamizhselvan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR G.Muthamizhselvan ... Petitioner/A2 Vs.

The Inspector of Police, W-3 Vandalur All Women Police Station, Tambaram.

(Crime No.2 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.02 of 2025 on the file of the respondent Police. For Petitioner :

Mr.R.Subburaj For Respondent :

Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.02.2025 in Crime No.02 of 2025 for the offences under Sections 87, 75(1)(i), 75(1)(ii), 78, 351(3) of BNS and U/s 4 of TN Prohibition of harassment of Women Act 2002, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner/2nd accused is an auto 1/4

driver. On the day of the incident, when the informant was looking for a hired auto at Kilambakkam bus stand around 10.00P.M to go to Koyambedu bus stand, the 1st accused, namely, Dhayalan, initially demanded Rs.1000/- but later agreed to Rs.500/-. The auto was allegedly driven by the petitioner/2nd accused. During the ride, the 1st accused sat beside the informant in the back seat, and she shared her live location with a friend. After traveling about 2km, the 1st accuse allegedly touched her inappropriately and, when she resisted, threatened her with a knife.

3. It is further alleged that the petitioner/2nd accused stopped the auto on a dark service road and left the scene. The 1st accused then used a bedsheet to cover the sides of the auto and raped her. Upon a petitioner/2nd accused's return, the 1st accused again harassed her and ultimately forced her to leave in another auto without reaching her intended destination. Hence, the case.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

5. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.

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6. Considering the gravity of the offence committed by the petitioner, wherein victim girl was gang raped by the petitioner and others, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 01.08.2025 nvi To 1.The Inspector of Police, W-3 Vandalur All Women Police Station, Tambaram.

2. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

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