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Madras High CourtCRL OP/31863/2025dismissed

Gowsickraj v. The State Represented By

2025-11-21Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR GOWSICKRAJ Petitioner(s) Vs The State represented by The Inspector of Police, AWPS Police Station, Omalur. Salem District. Crime No.70 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in crime No.70 of 2025 on the file of the respondent police and thus render justice. For Petitioner(s):

J.Franklin For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.10.2025, for the offence punishable under Sections 318, 64(2)(h), 49, 296(b), 115(2), 351(3) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment

of Women Act, 2002, in Crime No.70 of 2025, registered on the file of the respondent, seeks bail.

2.The allegation against the petitioner is that the petitioner is ranked as A3 in this case and the defacto complainant was in living relationship with A1 and thereafter she got separated from A1 and taking advantage of the friendship with A1 the petitioner slowly started moving with the defacto complainant and one of the co-accused namely Dhilip Kumar was having sexual relationship, due to which she became pregnant. Hence, she informed others that the said Dhilip Kumar is the father of the child, due to which the said Dhilip Kumar called the petitioner and other accused persons to his house and they attacked her and recorded her videograph for forcing her to state that the Dhilip Kumar is not the father of the child. Hence, the case.

3.The learned counsel for the petitioner submitted that the allegation against the petitioner is that the petitioner and other accused had attacked the victim and he has not sexually abused her or committed any sexual assault. Hence, he prayed for the grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) for the respondent police reported that the investigation in this case is pending and also 183 of BNSS statements were recorded from the victim. Hence, he opposed for the grant of

bail to the petitioner.

5.I have also gone through the statement and also connected records and it revealed that after the petitioner used to abuse the victim both physically and sexually and apart from that on 15.08.2025 the petitioner along with other accused went to the house of the defacto complainant and attacked her, due to which she sustained grievous injuries and since the petitioner has also actively participated in committing the offence, I am not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. 21-11-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State represented by The Inspector of Police, AWPS Police Station, Omalur. Salem District. Crime No.70 of 2025 2.The Public prosecutor, High court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 31863 of 21-11-2025