Azhagesan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30660 of 2024 AZHAGESAN Petitioner(s) Vs The Inspector Of Police, Kattumannarkoil Police Station, Kattumannarkoil, Cuddalore District.

Cr.No.298 Of 2024.

Respondent(s) For Petitioner(s): Mr.L.Anbarasan For Respondent(s):

Public Prosecutor

O R D E R

Petition seeking bail in respect of Crime No.298 of 2024 registered for the offences punishable under Sections 137(2), 127(2) of BNS and Sections 5(k) and 6 of POCSO Act, is on board for consideration. 1/4

2. The case of the prosecution is that the accused had committed penetrative sexual assault on the mentally retarded minor victim boy, aged 15 years. Hence, the case.

3. Learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) would submit that the petitioner had committed penetrative sexual assault on the mentally retarded minor victim boy, aged 15 years. He also produced the statement of the minor victim boy recorded under Section 183 of BNS. Therefore, he vehemently oppose for grant of bail to the petitioner.

5. Heard the learned counsel on either side and perused the materials available on record, including the statement under Section 183 of BNS. 2/4

6. Taking into consideration the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 13.12.2024 Anu To

1. The Inspector Of Police, Kattumannarkoil Police Station, Kattumannarkoil, Cuddalore District.

2. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

Anu 13.12.2024 4/4