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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Rahmathulla ... Petitioner/ Accused Vs.

State rep. by The Inspector of Police, AWPS Tiruvarur Police Station, Tiruvarur District.

Crime No.20 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in connection with Crime No.20 of 2025 on the file of the respondent police. For Petitioner :

Mr.A.Tamilselvan For Respondent :

Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 14.05.2025 in connection with Crime No.20 of 2025 registered for the offences punishable under Sections 5(l), 5(n) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 on the file of the respondent, seeks bail. 1/4

2. The case of the prosecution is that the defacto complainant/mother of the victim girl got married to one Shakul Hameed in the year 2010 and in the year 2017, she got divorce from him and living separately with her two children. During which, she got introduced to the petitioner and married him in the year 2020 and thereafter, in the absence of the defacto complainant, the petitioner, who is the step father of the minor victim girl, had committed penetrative sexual assault on her on several occasions. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that since the victim's mother, who is the wife of the petitioner had extra marital affair with one Aravind and when the same was questioned, a false complaint was lodged against the petitioner. He further submitted that, petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and opposed for grant of bail to the petitioner. He further submitted that, the petitioner is notorious person having one previous case under NDPSAct. Hence, he oppose for grant of bail to the petitioner. 2/4

5. On perusal of the statement of the victim girl recorded under Section 183 of BNSS, this Court finds that the victim girl had categorically stated that the petitioner had committed penetrative sexual assault against her not only once, but on several occasions and also the petitioner had threatened her that, if she discloses the same to anyone, he will kill her mother and considering the welfare of her mother, victim girl remained silent and thereafter, she gained confidence and informed the same to her mother and thereafter, her mother lodged a complaint.

6. Considering the gravity of the offence committed against the victim girl by the petitioner, who is the step father, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 24.07.2025 sma 3/4

M.NIRMAL KUMAR, J.

sma To 1.The Inspector of Police, AWPS Tiruvarur Police Station, Tiruvarur District.

2. The Public Prosecutor, High Court of Madras.

24.07.2025 4/4