Bose v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.24648 of 2024

1. Bose, S/o.Boominathan

2. Gandhi, S/o.Venkatesan ... Petitioners Vs State rep. by:- The Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

... Respondent [Cr.No.330 of 2024] PRAYER: - Criminal Original Petition filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail to the petitioner/Accused in Crime No.330 of 2024 on the file of the respondent police.

For Petitioner : Mr.J.Pradeep For Respondent : Mr. S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.08.2024 for the offences punishable under sections 108 of BNS Act and Sections 3(a), r/w.4(2) of POCSO Act in Crime No.330 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant is the mother of victim girl. The victim girl is aged about 15 years. The 1st petitioner and the defacto-complainant's daughter were loved each other and they had sexual relationship and he refused to marry her. Therefore, the victim girl committed suicide. Hence, the case.

3. The learned counsel for the petitioner would contend that this petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is in judicial custody from 18.08.2024. However, the petitioner is ready to abide by any stringent conditions may be imposed by this Court. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that The 1st petitioner and the defacto-complainant's daughter were loved each other and they had sexual relationship and he refused to marry her. Therefore, the victim girl committed suicide. In this case, investigation is still pending, the offences committed by the petitioners are serious in nature. Hence, he opposed to grant bail to the petitioner.

5. Heard both side counsels and perused the materials available on record.

6. Considering the representation made on either side and considering the fact that investigation of the case is not yet completed and also considering the gravity of offence and other facts, this Court is not inclined to grant bail to the petitioner at this stage. 7.

Accordingly, this Criminal Original Petition is dismissed. 18.10.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order gvn

P.DHANABAL ,J, gvn Crl.OP.No.24648 of 2024 18.10.2024