Moses v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.28438 of 2025 Moses Petitioner(s) Vs The State Represented by The Inspector of Police, AWPS Ponneri.

Crime No.13 of 2025.

Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.13 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.M.Thyagarajan For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 19.09.2025 for the offences punishable under Sections 64(1) of BNS r/w 66(E) of IT Act, in Crime No.13 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner developed a relationship with the family of the defacto complainant, and under the guise of offering protection from black magic, administered some intoxicated drinks to the victim girl and committed penetrative sexual assault on her. It is further alleged that he threatened her not to disclose the same to anyone and he also videographed the same. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that it is a consensual relationship and the petitioner was not involved in penetrative sexual assault. He further submitted that the custodial interrogation of the petitioner is not required and he prays for grant of bail to the petitioner.

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

the respondent submitted that though it is a case of consensual relationship, the petitioner administered some intoxicated drinks to the victim and subsequently, he committed sexual assault on her, causing severe injuries.

5. On perusal of the statement of the victim girl and also the materials available on record, this Court is of the view that the nature of the allegations and the modus operandi adopted by the petitioner herein do not warrant grant of bail at this stage. Granting bail may hamper the investigation and further, the petitioner will indulge in similar activities. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 17-10-2025 drl

To 1.The Inspector of Police, AWPS Ponneri.

2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR, J., drl CRL OP NO.28438 of 2025 17.10.2025