Chandru@Chandrasekar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.10.2024

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.25035 of 2024 Chandru @ Chandrasekar ... Petitioner / Accused Vs State represented by:- The Inspector of Police, Ambur All Women Police Station, Tirupathur District.

[Cr. No.15 of 2024] .... Respondent / Complainant PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to grant bail to the petitioner/Accused in Cr. No.15 of 2024 on the file of the respondent police.

For Petitioner : Mr. T. Dhasarathan For Respondent : Mr. S. Vinothkumar, Government Advocate [Criminal Side]

ORDER

The petitioner / Accused, who was arrested and remanded to judicial custody on 18.08.2024 for the offences punishable under 1/5

Sections 70, 115(2), 351(3) of B.N.S. read with Section 4 of TNPHW Act in Cr. No.15 of 2024 on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 17.08.2024, at about 5 p.m., the daughter of the defacto complainant was walking nearby Immanuel Church, Chinna Bridge and at that time, this petitioner along with another, restrained her, taking her to the desolate place and forcibly raped her and also threatened her for not to reveal to anybody about the incident. Hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case as against the petitioner for the alleged offences under Sections 70, 115(2), 351(3) of B.N.S. read with Section 4 of TNPHW Act and he was arrested and remanded to judicial custody on 18.08.2024. The petitioner is an innocent and he has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution and he is in judicial custody from more than 2 months and hence, he prayed that the petitioner may be released on bail. 2/5

4. The learned Government Advocate (Criminal Side) would submit that based on the complaint given by the father of the victim alleging that the petitioner along with another, restrained her daughter, while she was walking nearby Immanuel Bridge and forcibly raped her, the case was registered against the accused and this petitioner was arrested and remanded to judicial custody on 18.08.2024. Investigation is not yet completed and hence he strongly opposed to grant bail to the petitioner.

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

6. Considering the rival submissions on either side, considering the gravity of offences and considering the fact that investigation is not yet completed, I am declined to grant bail to the petitioner at this stage.

7. Accordingly, the criminal original petition is dismissed. 30.10.2024 index: Yes/No 3/5

Internet: Yes/No Speaking/Non Speaking order mjs To 1.The Judicial Magistrate, Ambur.

2.The Public Prosecutor, Madras High Court, Chennai. 3.The Inspector of Police, Ambur All Women Police Station, Tirupathur District..

4. The Superintendent of Police, Central Prison, Vellore. P.DHANABAL ,J mjs 4/5

CRL.O.P. No.25035 of 2024 30.10.2024 5/5