Mohamed Ajith Rahuman @ Ajithra Rahuman v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.2216 of 2025 Mohamed Ajith Rahuman @ Ajithra Rahuman, S/o Seeni Abdulkathar, No. 10/37 Alagar Salai, Koliyarkottai, R.S Puram, Ramanathapuram District ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, R.S Mangalam Police Station, Ramanathapuram District. Crime No. 299/2024.
... Respondent/Complainant For Petitioner : S.Sathyachidambaram, Advocate.
For Respondent : Mr.R.Meentakshi Sudaram, Government Advocate (Crl.Side) PRAYER :- For Bail in Crime No.299 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4
This Criminal Original Petition has been filed by the petitioner on 29.01.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.
2. The petitioner / sole accused, who was arrested and remanded to judicial custody on 27.11.2024 for the alleged offences under Sections 384, 294(b), 506(i) IPC and Section 7 r/w. 8, 11(1), 11(5) r/w. 12 of POCSO Act, in Crime No.299 of 2024, on the file of the respondent police, seeks bail.
3. The case of the prosecution is that the petitioner herein is a School Van Driver and the victim girl was used to travel by school van to her school, which was owned and driven by the petitioner / accused. While so, the victim girl was assaulted by the accused by showing his genital part and further, he threatened the victim girl not to disclose to any one and also demanded her to fetch jewels and money from her home. Hence, the complaint.
4. Mr.S.Sathiya Chidambaram, learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his names have been falsely implicated in this case. He would further submit that the it is a second bail petition and the petitioner is in judicial custody from 27.11.2024 and seeks bail.
5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent Police submitted that the cellphone and other incriminating 2/4
materials are seized from the petitioner and sent to Forensic Laboratory and the report of the Forensic Laboratory is awaited. Further, he submitted that the victim girl is aged about 14 years and the offence committed by the petitioner is serious in nature and hence, he strongly opposed to grant bail to the petitioner.
6. Heard both sides and perused the records.
7. Considering the serious of allegations made against the petitioner and that the Forensic Report is awaited, if the petitioner is released on bail, he will threat the defacto complainant and the victim and thereby, delay the investigation. In view of the nature and manner of the offence allegedly committed by the petitioner, this Court is of the considered view that if bail is granted to the petitioner, he will cause threat to the witnesses and there is every possibility for delaying the investigation. Hence, this Court is not inclined to grant bail to the petitioner.
8. In the result, this Criminal Original Petition is dismissed. sd/- 04/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
3/4
trp TO 1 THE OFFICE INCHARGE, DISTRICT PRISON, RAMANATHAPURAM DISTRICT.
2 THE INSPECTOR OF POLICE, R.S MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.2216 of 2025 Date :04/02/2025 NBF / SAR- (18/02/2025) 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4