R.Pattatharasan @ Arasan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR R.Pattatharasan @ Arasan ... Petitioner Vs.

The State represented by, The Inspector of Police, Tiruppur, KVR Nagar All Women Police Station. Tiruppur City.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.31 of 2025 on the file of the respondent Police. For Petitioner :

Mr.J.Franklin For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 08.05.2025 in connection with Crime No.31 of 2025 registered for the offences punishable under Sections 5(l), 5(j)(ii) r/w 6 of Protection of Children from Sexual Offences Act, 2012, seeks bail.

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2. The case of the prosecution is that the accused/petitioner, aged about 18 years, who is the uncle of the minor victim girl and resides near her house, committed penetrative sexual assault on the minor victim girl, as a result of which, she became pregnant. Hence the case.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that this is the second application for bail filed by the petitioner before this Court. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioner. He further submitted that the fetus of the victim was aborted and the DNA report is awaited. He also submitted that the statement has been recorded from the victim girl under Section 183 BNSS. 2/4

5. Heard both sides and perused the materials available on record including the victim's statement under Section 183 BNSS.

6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and taking into account the serious nature of offence alleged to have been committed by the petitioner as well as the statement of the minor victim girl, wherein, she has clearly narrated the acts of cruelty to which she was subjected, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 05.08.2025 ham To

1. The Sessions Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur.

2. The Inspector of Police, Tiruppur, KVR Nagar All Women Police Station, Tiruppur City.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ham 05.08.2025 4/4