Ezhilisai v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.19870 of 2025 Ezhilisai ... Petitioner Vs.
The State represented by Inspector of Police, Chengam All Women Police Station, Crime No. 6 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.6 of 2025 pending investigation on the file of the respondent. For Petitioner :
Mr.S.Viduthalai Valavan For Respondent :
Mr.R.Vinothraja Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested on 22.05.2025, for the offence punishable under Sections 64(2) of BNS 2023 r/w Sections 5(I), 5(j)(ii) r/w 6(1) of POCSO Act 2012 in connection with Crime No.6 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner is a Karate master 1/5
conducting classes for several students, including the victim. The FIR was registered based on a complaint lodged by the victim on 07.02.2025. The victim is stated to have celebrated her birthday on 16.04.2024, after which she experienced discomfort in her abdomen. Upon medical examination, she was found to be pregnant. Initially, the victim was unable to identify the person responsible for her pregnancy. However, after counseling by the Child Welfare Committee, she lodged a complaint, stating that she did not have contact with any male other than her Karate instructor, the petitioner. Based on the complaint, the petitioner was summoned and a DNA test was conducted. The DNA report revealed a positive match with the petitioner, leading to his arrest and judicial remand on 22.05.2025.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The learned counsel for the petitioner submitted that the allegations in the FIR are false and baseless. It is contended that the victim never directly named the petitioner nor made any specific allegation of sexual misconduct against him. The petitioner has categorically denied having any physical relationship with the victim and claims that his arrest was made only on the basis of the DNA test result. He further submitted that the petitioner is a respected Karate master who 2/5
has trained numerous students and has never been involved in any criminal activity. 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 (Criminal Side) vehemently opposed the grant of bail and submitted that the DNA test result is conclusive and establishes the petitioner's involvement in the offence beyond reasonable doubt. It was further submitted that the investigation has disclosed that the petitioner was the only known male who had contact with the minor victim. Considering the serious and sensitive nature of the allegations, particularly involving a child, it was argued that custodial interrogation of the petitioner is essential for the effective progress of the investigation.
5. Considering the seriousness of the allegations, the medical evidence, the DNA test report and the position of trust held by the petitioner as a Karate instructor, this Court is not inclined to grant bail to the petitioner at this stage.
6. Accordingly, the Criminal Original Petition stands dismissed. 3/5
14.07.2025 nsl To
1. The Inspector of Police, Chengam All Women Police Station.
2. The Public Prosecutor, High Court of Madras.
G.K.ILANTHIRAIYAN, J.
nsl 4/5
14.07.2025 5/5