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Madras High CourtCRL OP/24138/2025dismissed

Mansoor v. The State Rep By Its

2025-09-03Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Mansoor ... Petitioner Vs.

State rep by:- The Inspector of Police, SRMC AWPS Police Station, Crime No.08 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.08 of 2025 on the file of the Respondent Police. For Petitioner :

M/s.P.J.Anitha For Respondent :

Mr.A.Gopinath Government Advocate (Crl.side)

O R D E R

The petitioner herein was arrested on 07.05.2025 in Crime No.08 of 2025 for the alleged offence under Sections 9(m), r/w 10 of POCSO Act, registered on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that the petitioner, a migrant worker from Bihar, was arrested on 07.05.2025 based on a complaint given by one Gowtham Thakur alleging that this petitioner had sexually abused her minor daughter, aged 4 years, while he was staying in the room along with the defacto complainant. The respondent police attempted to record the statement of the victim child under Section 183(5) of BNSS. However, due to a language barrier and other reasons, the victim child did not respond to the questions posed by the Magistrate. However, the statement of the defacto complainant stands against this petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that on completion of the investigation, a final report was filed, and the same was taken on file in Spl.S.C.No135 of 2025.

4. Considering the fact that the petitioner is a migrant labourer and that the examination of witnesses has not yet commenced, if the petitioner is released on bail at this juncture, there is possibility of absconding. Hence, this Criminal Original Petition stands dismissed for the present. 03.09.2025 drl 2/4

To 1.The POCSO Judge, Thiruvallur.

2.The Inspector of Police, SRMC AWPS Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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