Boopathy @ Boobalan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.09.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Boopathy @ Boobalan, M/19 years S/o Murugan No.84, Thiyagi Kakkan Nagar, Vellalore, Coimbatore 641 111.
..Petitioner/Accused 2 //versus// The State rep.by The Inspector of Police, Podhanur Police Station, Coimbatore City.
(Crime No.311 of 2025) ..Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.311 of 2025 on the file of the respondent police. For Petitioner :Mr.R.Sivakumar For Respondent :Mr.A.Gopinath Government Advocate (Crl. Side) 1/4
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 09.07.2025 for the offences punishable under Sections 5(1) r/w6 of POCSO Act, 2012 Sections 87, 127(2), 332 and 351(1) of BNS 2023, in Crime No.311 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had committed penetrative sexual offence on 17 years, five months and 22 days child. Statement of the victim girl recorded under Section 183 of BNSS clearly indicates that the acts of perversion were committed by a few persons on the minor child on several occasions.
3.The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has been falsely implicated in this case.
4.The learned Government Advocate (Crl.Side) states that the investigation was completed and final report is yet to be filed. 2/4
5.Considering the fact that the petitioner is a neighbouring resident and trial has to be conducted without any tempering of witnesses, this Criminal Original Petition for bail stands dismissed for the present. 01.09.2025 ari Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Principal Special Court for Exclusive Trial of Case Under POCSO Act, Coimbatore.
2.The Inspector of Police, Podhanur Police Station, Coimbatore City. 3.The Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras. 3/4
Dr.G.JAYACHANDRAN, J.
ari 01.09.2025 4/4