Kalimuthu v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Kalimuthu ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Udumalpet Police Station, Tiruppur District.

Crime No.477 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.477 of 2025 on the file of the respondent police. For petitioner :

Mr.B.Kumarasamy For Respondent :

Mr.A.Gopinath Government Advocate (Criminal Side)

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 01.08.2025, for the offence punishable under Section Girl Missing @ 137(b), 127(2), 351(3) of BNS Act and Section 5(l) read with Section 6 of POCSO Act, 2012, and Section 9 of PCM Act, in Crime No.477 of 2025, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner aged about 40 years, kidnapped a girl who was studying in the XI standard, confined her at his residence, and subsequently committed aggravated penetrative sexual assault upon her. Thereafter, a complaint was lodged by the parents of the victim, following which the victim was rescued and the petitioner was arrested. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner did not kidnap the victim girl and that, at her own request, he had taken her to his residence. He further contended that the petitioner has not committed any of the offences alleged against him. Hence, he prayed for the grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the 2/4

respondent police submitted that the petitioner was arrested only recently and that the investigation in the case is still in progress.

5. Considering the allegations against the petitioner are of a serious nature. The petitioner, aged about 40 years, is alleged to have kidnapped the victim under the pretext of marrying her. It is further alleged that he created the impression of having married her by tying the thali and subsequently committed aggravated penetrative sexual assault. The investigation in the case is still pending, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition stands dismissed. 06.10.2025 cda K.RAJASEKAR, J.

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To 1.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

2.The Public Prosecutor, High Court of Madras.

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