Moorthi v. State By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Moorthi .. Petitioner Vs.

The State represented by The Inspector of Police, AWPS - Vellore Police Station, Vellore District.

Crime No.10 of 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.10 of 2025 on the file of the respondent police. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.03.2025, for the offence punishable under Section 137(2) and 65(2) of BNS Act, 2023 (363 and 376AB of IPC and 5(m) r/w 6 of Protection of Child from Sexual Offences Act, 2012 in Crime No.10 of 2025 on the file of the respondent, 1/4

seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have sexually abused the defacto Complainant's daughter, when she was alone at her residence. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that due to previous enmity, a false complaint has been lodged against him, however, he is suffering incarceration from 17.03.2025. He further 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 (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 17.03.2025. Hence, he vehemently opposed to grant bail to the petitioner.

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

6. On perusal of the materials available, it is seen that petitioner is the landlord and the victim is the tenant. In absence of her parents, the petitioner had taken the victim girl to the terrace and committed penetrative sexual assault on her. Investigation has been completed and charge sheet filed. considering the 2/4

facts and circumstances of the case, this Court is not inclined to grant the relief sought for. Accordingly, the Criminal Original Petition is dismissed. 06.08.2025 To

1. The Sessions Judge, Special Court for Exclusive trial of Cases under POCSO Act, Vellore

2. The Inspector of Police, AWPS - Vellore Police Station, Vellore District.

3. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

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