Mohan v. The State Rep By Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Mohan.

... Petitioner/Accused /versus/ The State Rep by:- The Inspector of Police, Cheyyar All Women Police Station (AWPS), Tiruvannamalai District.

(Crime No.41 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.41 of 2025 pending investigation on the file of the respondent. For Petitioner :

Mr.R.Rajeshkrishnan For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.06.2025, for the offences punishable under Sections 87, 115(2), 351(2) of BNS Act, 2023 (Corresponding Section 366, 323, 506 of IPC) and Section 5(j)(ii) read with 6(1) of POCSO Act and Section 9 of Prohibition of Child Marriage Act, in Crime No.41 of 2025 on the file of the respondent police, seeks bail.

2. The petitioner herein married a minor girl, who happens to be his relative. When the minor girl went for pregnancy test, the authorities found that the petitioner is the cause for the pregnancy. Hence, case been registered in Crime No.41 of 2025.

3. The Learned Counsel for the petitioner submits that the family members of the victim as well as the petitioner arranged for his marriage and the victim girl has given birth to a child and the petitioner is taking care of her.

4. The Learned Government Advocate (Crl.Side) appearing for the respondent submits that this petitioner had already married a girl and having 9 2/5

years old son. While so, he had committed a penetrative sexual offence and had another minor child, for which Crime No.11 of 2025 was registered. In the present case, this is the third victim at the hands of the petitioner, had been impregnated a minor.

5. Considering the antecedents of the petitioner, this Court is not inclined to grant bail to this petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 03.09.2025 bsm To,

1. The Judicial Magistrate, Cheyyar.

2. The Inspector of Police, Cheyyar All Women Police Station (AWPS), Tiruvannamalai District.

3. The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras. 3/5

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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Dr.G.JAYACHANDRAN, J.

bsm 03.09.2025 5/5