Sathishkumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR SATHISHKUMAR Petitioner(s) Vs The State Rep by, The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

Cr.No.210/2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Cr.No.210/2025, on the file of the Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

For Petitioner(s):

Mr.T.Maniarasu For Respondent(s):

M/s.R. Vinothraja Ga (crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.05.2025, for the offence punishable under Sections 127(2), 351(2), 49, 70(1), 87 of the BNS, Equal to 342, 506, 109, 376-D, 366 of IPC in connection with Crime No.210 of 2025 registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that the defacto complainant namely Jayaseeli, lodged a complaint on 07.05.2025 stating that on the same day at about 7.00 a.m, when the defacto complainant's daughter went to shop and not come back to her house and upon investigation it came to light that the defacto complainant's daughter went to the Anna Part at Thayarkulam and at that time, this petitioner along with another accused came there and kidnapped the defacto complainant's daughter and took the victim to a apartment at Keelkadhirpur and raped her several times by threatening the victim. Hence, the case. 3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 07.05.2025. 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.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the defacto complainant namely Jayaseeli, lodged a complaint on 07.05.2025 stating that on the same day at about 7.00 a.m, when the defacto complainant's daughter went to shop and not come back to her house and upon investigation it came to light that the defacto complainant's daughter went to the Anna Part at Thayarkulam and at that time, this petitioner along with another accused came there and kidnapped the defacto complainant's daughter and took the victim to a apartment at Keelkadhirpur and raped her several times by threatening the victim. He would submit that 164 statement was recorded from the victim girl. He would submit that the investigation is still pending. Hence, he strongly opposed to release the petitioner on bail.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) appearing for the respondent and perused the materials available on record.

6.The petitioner is in judicial custody from 07.05.2025. This is a case of kidnapping and gang rape. Investigation is not yet completed. Available materials on records supports the severity of the situation. Considering the gravity of offences and also in view of the facts and circumstances of the case and this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. 16-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep by, The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

Cr.No.210/2025.

2.The Public Prosecutor, High Court of Madras.

3.The Judicial Magistrate-II, Kancheepuram.

4.The Central Prison, Vellore.

M.NIRMAL KUMAR J.

gbi CRL OP No. 18781 of 03-07-2025