Kishore v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM

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

The State Rep by The Inspector of Police, AWPS Tiruvannamalai Police Station, Tiruvannamalai District.

Crime No.58 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.58 of 2025 pending on the file of the respondent police. For petitioner :

Mr.S.Silambu Selvan For Respondent :

Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.08.2025, for the offence punishable under Section 87 of BNS and under Sections 5(l), 5(j)(ii), r/w Section 6(l) of POCSO Act, 2012, in Crime No.58 1/4

of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner closely moved with the victim, abducted her under the pretext of marrying her, and committed aggravated penetrative sexual assault, which resulted in her pregnancy. Thereafter, he started avoiding her. When the victim's family members questioned the petitioner, it came to light that he was already married to another woman and had a child. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is aged about 19 years and was not aware of the consequences of his actions. He further submitted that the petitioner initially intended to marry the victim and was unaware of her exact age. Hence, he prayed for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that though the petitioner claims to be 19 years old, it has been revealed that he is already married and has a child. Suppressing this fact from everyone, he abducted the victim girl and committed aggravated penetrative sexual assault, and after she became 2/4

pregnant, he disclosed that he was already married. He further submitted that the investigation is still in progress.

5. Considering the submissions made on both sides and perused the materials available on record, including the statement recorded from the victim girl, which reveals disturbing facts and the involvement of the petitioner herein in the offence and taking note of the fact that the investigation is not concluded, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 03.11.2025 cda K.RAJASEKAR, J.

cda 3/4

To 1.The Inspector of Police, AWPS Tiruvannamalai Police Station, Tiruvannamalai District.

2.The Public Prosecutor, High Court of Madras.

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