Livinkumar v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25350 of 2025 Livinkumar ... Petitioner Vs.
State rep. by The Inspector of Police, Elavanasurkottai Police Station, Kallaurichi District.
... Respondent (Cr.No.113 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Cr.No.113 of 2025 on the file of the respondent police. For Petitioner : Mr.A.Gowtham For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offence under Section Girl Missing @ 96 of BNS r/w. 6 of POCSO Act in Crime No.113 of 2025, on the file of the respondent Police, seeks anticipatory bail.
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2. The allegation against the petitioner is that the petitioner developed relationship with the victim girl, who was aged about 14 years through on-line snap chat and seduced her to accompany him and abducted her to his place and forcibly had a sexual intercourse with her. Based on the complaint lodged by the family members of the victim girl, FIR has been registered against the petitioner.
3. The learned counsel for the petitioner submitted that it is a case of consensual relationship between the petitioner and the defacto complainant and that he is ready to abide by any stringent conditions that may be imposed by this Court and also he is ready to cooperate with the investigation. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submitted that the victim girl is aged about 14 years and through on-line App, snap chat, petitioner be friended her and abducted her, seduced her to accompany him and committed sexual assault. He further submitted that statement from the victim girl was recorded under Section 164 Cr.P.C. Hence, he opposed to grant anticipatory bail to the petitioner.
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5. I have gone through the statement recorded from the victim girl under Section 164 Cr.P.C.
6. In the statement she has also narrated the incident including the act of aggravated penetrative sexual assault made by the petitioner and it reveals that it is a forcible penetrative assault. Hence, I am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition stands dismissed. 18.09.2025 ssi To 1.The Principal District Judge, Kallakurichi.
2.The Inspector of Police, Elavanasurkottai Police Station, Kallaurichi District.
3.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR , J.
ssi Crl.O.P.No.25350 of 2025 18.09.2025 4/4