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Madras High CourtCRL OP/23834/2024dismissed

G.Vigneswaran v. The State Rep By

2024-09-26Honourable Mr.Justice P. Dhanabal3 pages

P.DHANABAL,J.

The petitioner, who was arrested and remanded to judicial custody on 10.09.2024, for the alleged offence punishable under Section 64 of BNS in Crime No.35 of 2024, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the victim girl was forcibly raped by this petitioner when she was in unconscious stage due to consumption of alcohol in a birthday function. It is alleged that the victim became pregnant and the foetus was aborted. Hence the complaint. 3.The learned counsel for the petitioner would contend that the petitioner is an innocent and a false case has been foisted against him. He would further submit that the petitioner is no way connected with the said occurrence.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would contend that the petitioner forcibly raped the victim girl and made her pregnant. Thereafter, the foetus was aborted. He further submitted that investigation is in initial stage and and they are 1/3

awaiting for DNA test report. Hence, he opposed to grant bail to the petitioners.

5.Heard both side and perused the materials available on record. 6.Considering the grave nature of offence charged against the petitioner and the investigation is in initial stage and they are awaiting for DNA test report, this Court is declined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition stands dismissed. 26.09.2024 smn 2/3

P.DHANABAL,J smn 26.09.2024 3/3