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Madras High CourtCRL OP/24291/2025dismissed

Karupaiya @ Prasanth v. The State Rep By, The Inspector Of Police

2025-09-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24291 of 2025 Karupaiya @ Prasanth ... Petitioner Vs.

The State rep by its, The Inspector of Police, Kunnam Town Police Station, Perambalur.

(Crime No.06 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in pending trial in S.C.No.56 of 2023 on the file of the Learned Sessions Judge, Mahila Court, Perambalur.

For Petitioner :

Mr.P.Thamizh Vendan For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side) ***********

ORDER

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The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 7 and 8 of Protection of Children from Sexual Offence Act in Crime No.06 of 2023, on the file of the respondent Police, seeks bail.

2. The petitioner herein / habitual absentee delaying for the progress of the trial had been secured for the 5th time and due to non appearance, the Non Bailable Warrant was issued against the petitioner. He seeks bail stating that he was not able to attend the Court as he was in judicial custody in connection with another case pending before the learned Mahila Court, Perambalur in Spl.S.C.No.56 of 2023 in Crime No.237 of 2025 for the alleged offence under Sections 305(a) and 331 of BNS Act, 2023.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the petitioner / accused in Spl.S.C.No.56 of 2023 for the offences under Sections 7 and 8 of the POCSO Act is a habitual absentee when witness was present. This is the 5th time, he jumped bail and secured on issuance of Non Bailable Warrant.

4. The learned counsel for the petitioner would state that on the date 2/4

of hearing he was arrested in different case and that is the reason for his non appearance.

5. However, considering the fact that on the date of examination of the victim girl the petitioner has absconded and declined to cooperate with the trial and the trial Court has dismissed the petition.

6. Taking note of the said observations, this Court is of the view that grant of bail for this petitioner will lead to further delay in the case and denial justice to the victim child. Hence, the Criminal Original Petition stands dismissed.

04.09.2025 rna To 1.The learned Sessions Judge, Mahila Court, Perambalur.

2.The Inspector of Police, Kunnam Town Police Station, Perambalur.

3.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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rna Crl.O.P.No.24291 of 2025 04.09.2025 4/4