Jayasudha Balakrishnan v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

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

State rep by The Inspector of Police, W-17, All Women Police Station, Peravalur, Chennai.

(Cr.No.534 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail pending investigation in Spl.SC.No.338 of 2024 on the file of this Hon'ble Court, Chennai.

For Petitioner :

Mr.S.Namasivayam For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 18.03.2025, for the offences punishable under Section Girl Missing @ 8 & 9(1) of POCSO Act and Section 137(2) of BNS in Spl.SC.No.338 of 2024 in connection with Crime No.534 of 2025, registered on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Chennai seeks bail.

2. It is a case of jumped bail. Non Bailable Warrant was issued against the petitioner on 24.02.2025 and the same was executed on 18.03.2025.

3. The learned Counsel for the petitioner submitted that due to the death of the petitioner's relative, she was not able to appear before the Special Court for Exclusive Trial of cases under POCSO Act on 24.02.2025. Subsequently, due to the absence of the petitioner, the learned Judge ordered Non Bailable Warrant against the petitioner on 24.02.2025. The petitioner was arrested on execution of non bailable warrant and that the petitioner has been suffering incarceration from 18.03.2025. He further submits 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 (Crl. Side) had raised strong objection on the ground that the petitioner/accused had wantonly failed to attend 2/5

the court hearings from 24.02.2025 and non bailable warrant issued against her on 18.03.2025. He states that the petitioner is a resident of Thoothukudi and she also eloped with other major girl. He further submits that except the Investigating Officer, all other witnesses have been examined and cross examined. The trial will be completed within a short period and therefore, if the petitioner is enlarged on bail, there is every possibility of the petitioner getting abscond and thereby, the trial would get stalled.

5. Considering the antecedents of the petitioner and the strong objections made by the learned Government Advocate (Crl. Side), this Court is not inclined to grant bail to this petitioner.

6. Accordingly this Criminal Original petition is dismissed. Further, the trial Court is directed to complete the trial and to dispose of the case within a period of one month from the date of receipt of a copy of this Order. 25.07.2025 Vv 3/5

To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Chennai 2.The Inspector of Police, W-17, All Women Police Station, Peravalur, Chennai.

3.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

Vv 25.07.2025 5/5