Ramesh v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ramesh ... Petitioner Vs.

The State, Rep. by The Inspector of Police Thirukoilur AWPS Police Station Kallakurichi District (Cr.No.27 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail in Spl.SC.No.413 of 2024 on the file of the Principal District Judge, Kallakurichi, Kallakurichi District. For Petitioner :

Mr.D.Balaji For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Spl.SC.No.413 of 2024 on the file of the Principal District Judge, Kallakurichi, Kallakurichi District, is on board for consideration.

2.The incarceration of the petitioner being from 10.04.2024 pleading 1/4

innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that due to a matrimonial dispute a false complaint has been given against the petitioner. He also submits that the petitioner was detained under Act 14 and later the detention order has been quashed by this Court in HCP.No.1417 of 2024 on 23.08.2024. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused, who is the friend of the mother of the minor victim girl, aged about 15 years has misbehaved with the victim girl and committed penetrative sexual assault on the victim girl. He further submits that if the petitioner is enlarged on bail, there is every possibility of him absconding and not available for trial proceedings and interfering with the progress of the trial. He further submits that a statement under Section 183(5) of BNSS also recorded from the victim girl.

4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, including the statement of the victim girl recorded 2/4

under Section 183(5) of BNSS, this court is not inclined to grant bail to the petitioner.

5.Accordingly, this Criminal Original Petition is dismissed. 09.12.2024 sai 3/4

A.D.JAGADISH CHANDIRA., J.

sai 09.12.2024 4/4