Rishal v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.23533 of 2025 Rishal ... Petitioner Vs.

State rep by The Inspector of Police All Women Police Station, Gudlaur, The Nilgris District.

... Respondent (Cr.No.13 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest by the respondent police pending investigation in Crime No.13 of 2025 on the file of the respondent.

For Petitioner : Mr.M.N.Balakrishan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Section 5(1) and 6 of POCSO Act 2012 in Cr.No.13 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner herein 1/4

who was closely moved with the victim girl, aged about 16 years under the pretext of loving her, he abducted her and kept her in a lodge and raped her along with his friends. The further allegation stated by the defacto complainant is that she has been continuously harassed by the petitioner herein and also by his friends and she was repeatedly asked to engage in sexual intercourse. Hence, she unable to bear the same , she lodged a complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is aged about 21 years and he also had an adolescent love affair with the victim girl. Hence, he prayed that anticipatory bail may be granted to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that there are totally three accused involved in this case and after registration of an FIR , the statement of the victim girl was recorded before the learned Judicial Magistrate. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. I have gone through the statement of the victim girl, which reveals 2/4

that the serious facts and allegations including the allegation that petitioner along with the other accused, administered various intoxicating drinks to the victim and raped her.

7. Considering the fact that the serious allegations against the petitioner and it is case of gang rape, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 07.10.2025 Vv To

1. The Mahalir Neethimandram (FTMC), Udhagamandalam.

2. The Inspector of Police All Women Police Station, Gudlaur, The Nilgris District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

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