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Madras High CourtCRL OP(MD)/4018/2025dismissed

P.Chithra v. The State Of Tamilnadu

2025-03-04Honourable Mr.Justice R.Sakthivel5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL P.Chithra ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

Crime No.6 of 2025 ... Respondent/Complainant For Petitioner :

Mr.M.Solaisamy For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.6 of 2025 on the file of the respondent-police. 1/5

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.02.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant an order of bail.

2. The petitioner / accused No.3 was arrested and remanded to judicial custody on 29.01.2025 for the alleged offences punishable under Sections 7, 8, 14(1), 15(2), 16 and 17 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.6 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that A1 and A2, who are youtubers, subjected the victim boys aged about 17 years and 15 years, to sexual harassment and video recorded the same. Thereafter, A2 introduced this petitioner, who is also a youtuber, to the victim boys and this petitioner threatened the victim boys to speak obscene words with A1 and send the recording to her otherwise, she would send the obscene videos already taken by A1 and A2 to public. This petitioner also instigated the minor boys to do obscene acts for the purpose of hiking the number of viewers in youtube, by giving them money to recharge their mobile phone. Hence the case. 2/5

4. Mr.M.Solaisamy, the learned counsel appearing for the petitioner, submits that the petitioner did not commit any offence as alleged by the prosecution and that she has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any condition to be imposed by this Court. He further submits that the petitioner has been in judicial custody since 29.01.2025. He therefore prays to grant bail to the petitioner.

5. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for the respondent-police, submits that there are four accused in this case, and the petitioner is A3. He further submits that the offences are yet to be altered into Information Technology Act and the Schedules Castes. He further submits that investigation is yet to be completed, and therefore, at this stage, if the petitioner is enlarged on bail, she will abscond and cause threat to the victim boys. He further submits that the petitioner has 5 previous case. Therefore, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records including the First Information Report and the statement of victims. 3/5

7. It is stated that the investigation is yet to be completed. In view of the nature of the offences alleged against the petitioner and in view of the statements of victims, this Court is of the view that sufficient materials are available on record to show that the petitioner is involved in the crime. The petitioner has five previous cases. Considering the same, if bail is granted to the petitioner, the petitioner will cause threat to the defacto complainant, victim boys, and other witnesses, tamper with the evidence and thereby, delay the investigation. Hence, this Court is not inclined to grant bail to the petitioner, at this stage of investigation. Accordingly, this Criminal Original Petition is dismissed.

sd/- 04/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

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2 THE SUPERINTENDENT CENTRAL PRISON FOR WOMEN, MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.4018 of 2025 Date :04/03/2025 HPS/SAR / 24.03.2025/5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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