Kabilan v. The State Representated By Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Kabilan ... Petitioner Vs.

State Rep. by:

Station House Officer, CBCID Cuddalore PS Cuddalore District.

(Crime No.1 of 2016) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Spl.SC.No.7 of 2020 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.

For Petitioner :

Mr.V.Suresh For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner herein is an accused was arrested on 03.03.2025 in connection with the offence punishable under Sections Girl Missing @ 342, 363 r/w 34 of IPC and 3(2)(b), 4(1) Immoral Traffic (Prohibition) Act 2012 1/4

@ Sec 366A r/w 34, 372, 373, 370 A(1), 354(B), 342 of IPC, Section 3 r/w 4, 5(1) r/w 6, 11 r/w 12 & 16 of Protection of Children from Sexual Offences Act and Section 3(2)(a), 3(2)(b), 4(1) Immoral Traffic (Prohibition) Act 1956, Section 75 of Juvenile Justice Act, 2015, in Crime No.01 of 2016, registered on the file of the respondent police, seeks bail.

2. The Petitioner herein is an accused in Crime No.141 of 2014, which was subsequently transferred to the CBCID, Cuddalore and renumbered as Crime No.1 of 2016. The petitioner had absconded without participating in the trial. Hence, the case was split up and renumbered as Spl.SC.No.7 of 2020, while the other accused were tried in Spl.SC.No.20 of 2018 and convicted. The petitioner was secured after 9 years and has been in judicial custody since 03.03.2025.

3. The learned Government Advocate (Crl.Side) appearing for the respondent submits that only after securing the petitioner, the split-up trial has been taken up and is in progress, and out of 30 witnesses, 15 witnesses have already been examined.

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4. Considering the fact that the petitioner is an absconder, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

03.09.2025 drl To 1.The Station House Officer, CBCID Cuddalore PS Cuddalore District.

2.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

drl 03.09.2025 4/4