Fairose v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26577 of 2025 Fairose ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, All Women Police Station, Vellore District.

(Crime No.31 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.31 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. S. Kasirajan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.07.2025, for the offences punishable under Sections 63(vi) r/w Sections 64, 69 and 332 of BNS and Sections 5(l), 5(j)(ii) r/w Section 6 of POCSO Act, 2012 in Crime No.31 of 2025, registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the petitioner and the victim, who is aged about 16 years were known to each other and the petitioner had a sexual relationship, due to which the victim girl got pregnant; that thereafter the petitioner avoided the phone calls of the victim girl and later discontinued the relationship with the victim girl. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case and he is in judicial custody since 21.07.2025 and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

2/4

4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and states that 183(1) of BNSS statement of the victim is recorded. He also submitted that the offences are now been altered into 332(b) of BNS Act, Sections 5(l), 5(j)(ii) r/w 6 of POCSO Act, 2012 and 3(2)(v) of SC/ST Act; and that the investigation is pending. 5.

Considering the facts of this case, the sections are now been altered and since SC/ST Act has been added with the other Sections, this Court is of the view that the petitioner has to file appropriate petition before the appropriate forum.

6.

Accordingly, this criminal original petition is dismissed with the liberty to the petitioner to file appropriate petition. 26.09.2025 stn 3/4

K. RAJASEKAR, J.

stn To

1. The Inspector of Police, All Women Police Station, Vellore District.

(Crime No.31 of 2025)

2. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.26577 of 2025 26.09.2025 4/4