Kumaraguru v. State Rep. By The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Kumaraguru Petitioner Vs State Rep. by The Station House Officer Mangalam Police Station, Puducherry District. (Crime No.44/2025) Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.44 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.M.P.Yuvaraj For Respondent(s):

M/s.K.S. Mohandass Public Prosecutor (Puducherry)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.05.2025, for the offence punishable under Section 137(2) of BNS, 2023 (363 of Indian Penal Code) and Section 6 of Protection of Children from Sexual Offences Act, in connection with Crime No.44 of 2025, registered on the file of the respondent, seeks bail.

2.The prosecution alleges that the defacto complainant's 17 year old daughter, a 12 th standard student, went missing on 17.04.2025. The complainant searched for her and suspected kidnapping, leading him to lodge a complaint with the respondent police.

3.The contention of the petitioner is that the petitioner and the victim girl having love affair which was opposed by the victim's family members and hence it has been projected as now the petitioner has committed penetrative sexual assault. The victim is still in love with the petitioner and the petitioner is ready to marry the victim girl once she attain majority.

4.The learned Public Prosecutor (Puducherry) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner is a regular offender involved in similar nature of offences and also IPC offence. The petitioner is an accused in Crime No.114 of 2022 for the offence under Sections 147, 148, 341, 323, 324, 294(b), 427, 506(ii) IPC r/w 149 IPC & Sections 3(1) (r) and Sections 3(1)(s) of SC/ST (POA) Act 1989 (Amendment Act 2015) registered by the Mangalam Police Station and the charge sheet has been filed and same is pending before the Puducherry Sessions Court. Likewise, the petitioner has involved in yet another case in Crime No.

199/2024 for the offence under Sections 3(2)(a), 4(2)(c), 5(1)(a)(d) of Immoral Traffic (Prevention) Act 1956, registered by the Villaneur Police Station, Puducherry and the same was under investigation. In the present case, the petitioner is A1 and the co-accused/A2 and A3 still absconding. The investigation has been completed and also charge sheet filed. The petitioner used to lure the young ladies and also commit penetrative sexual assault.

them to the prostitution. The petitioner is the menace to the society, and hence he oppose the grant of bail to the petitioner. 5.Heard the learned counsel for the petitioner as well as the learned Public Prosecutor (Puducherry) appearing for the respondent and perused the materials available on record.

6. Taking into consideration the allegations against the petitioner and taking note of the fact that the case is of grievous offence, this Court is not inclined to grant bail to the petitioner.

7.In view of the above submissions made by the learned counsel on either side, this Criminal Original Petition stands dismissed. 24-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State Rep. by The Station House Officer Mangalam Police Station, Puducherry District. (Crime No.44/2025) 2.The Fast Track Court Exclusively to deal with Offences under the POCSO Act, Puducherry.

3.The Public Prosecutor, High Court of Madras.

4.The Central Prison Kalapet, Puducherry.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17345 of 24-06-2025