M.Selvakumar@Anbu v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.32198 of 2025 M.Selvakumar @ Anbu ... Petitioner -VsState Rep by, The Inspector of Police, All Women Police Station, Ennore, Chennai.

(Crime No.24 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.24 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.R.Muthukumar For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.08.2025, for the alleged offence punishable under Sections 64(2)(i), 64(2)(j) and 64(2)(k) of BNS, in Crime No.24 of 2025, on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that the petitioner is the neighbour of the victim girl aged 29 years, taking advantage of her mental disability and, when she was alone, repeatedly committed sexual assault, including penetrative sexual assault, which resulted in pregnancy. The pregnancy came to light only after six months, following which the complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is aged 59 years and has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody since 29.08.2025 and that he has not committed any offence as alleged by the prosecution. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is still pending. He also produced the statement of the victim girl, wherein she has stated that the petitioner, who is her neighbour, had sexually assaulted her, resulting in her becoming pregnant, and that she is now eight months pregnant. He further submitted that the investigation is completed and the final report filed. Hence, he opposed for the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

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6. Considering the submissions of the learned counsel on either side and though the investigation is completed and the final report filed, and taking into account the manner in which the petitioner is alleged to have perpetrated the offence against a mentally challenged woman, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition is dismissed. 25.11.2025 drl To

1. The Inspector of Police, All Women Police Station, Ennore, Chennai.

2.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.32198 of 2025 25.11.2025 4/4