Janarthanan v. The State Rep By Sub Inspector Of Police

CRL OP NO. 20651 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 20651 of 2025 Janarthanan S/o.Duraisamy, No.31, Kakkan Nagar, Krishnampalaiyam, Erode District Petitioner(s) Vs The State rep by Sub Inspector of Police Shevapet PS, Salem Cr.No.287 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner on bail in Crime No.287 of 2025 on the file of the Respondent.

For Petitioner(s):

M/s.S.Nadhiya For Respondent(s):

M/s.R. Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 22.06.2025 for the offence punishable under Section 81 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Cr.No.287 of 2025 registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the defacto complainant, one A.S. Raja, has been working in KRV Transport for the past 20 years and his wife, Selvarani, is employed as a

Nurse at the Government Hospital in Salem. On 20.06.2025 at around 7.00 a.m., the defacto complainant dropped his wife in front of the Super Speciality Hospital gate on his twowheeler. The complainant had taken a loan from Sushmika Finance, which is located in the same locality, and one Mr. Mohanraj, an employee of the said finance company, was present at the hospital entrance at the time. It is alleged that Mohanraj approached the complainant and his wife and inquired whether they were looking for an infant, to which the complainant replied in the negative. Mohanraj then allegedly stated that if they or anyone else were interested, they could refer people to him as he could arrange infants at a lower price.

Shocked by this statement and suspecting illegal trafficking of infants, the defacto complainant lodged a complaint, leading to the registration of the present case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that petitioner is in judicial custody from 22.06.2025 and hence further custody of the petitioner is not required. Hence, he prayed for grant of bail to the petitioner. 4.The learned Government Advocate (Criminal side) reiterated the prosecution case and submitted that the co-accused bail application was dismissed by the lower Court in C.M.P.No.1919 of 2025 on 07.07.2025.

preliminary stage and the allegations made by the defacto complainant are serious in nature. The involvement of the petitioner in a possible infant trafficking network is under investigation and custodial interrogation is essential to unearth the truth and identify other persons who may be involved. If the petitioner is released on bail at this juncture, there is every possibility of tampering with witnesses or obstructing the investigation. 5.Heard the learned counsels on either side and perused the materials on record. 6.Considering the facts and circumstances of the case, the nature of offence and since custodial interrogation of the petitioner is very much required, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 23-07-2025 ep To

1. The State rep by Sub Inspector of Police Shevapet PS, Salem Cr.No.287 of 2025

M. NIRMAL KUMAR, J.

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CRL OP NO. 20651 of 2025 23.07.2025