Karuppasamy v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Karuppasamy, S/o. Sankarraj, Kasthuribhi 1st Street, Gandhi Nagar, Kovilpatti, Thoothukudi District.

... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No. 685 of 2024) ... Respondent/Complainant For Petitioner : Mr.M.Prabu, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PRAYER :- For Bail in Crime No. 685 of 2024 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.03.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

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2. The petitioner / Sole Accused was arrested and remanded to judicial custody on 15.12.2024 for the offences punishable under Sections 137(2), 103(1), 303

(2) of BNS, 2023 and Sections 5(1), 5(m), 5(i) and 6 of POCSO Act in Crime No.685 of 2024 on the file of the respondent-Police.

3. The case of the prosecution is that the defacto complainant is the father of the victim boy. On 09.12.2024, the defacto complainant found that his son was missing from his house. Later, the body of the victim boy was found on the upstairs at the residence of one Vellammal on 10.12.2024. The petitioner herein had committed aggravated penetrative sexual assault on the victim boy and subsequently, murdered him. Hence, the complaint.

4. Mr.M.Prabhu, the learned counsel appearing for the petitioner, submits that the petitioner has been falsely implicated in this case and he did not commit any offence as alleged by the prosecution. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that the petitioner has been in judicial custody since 15.12.2024. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that if the petitioner is released on bail, he may cause a threat to the defacto complainant and the witnesses. He 2/4

further submits that the investigation has been completed and the respondent-Police is going to file a charge sheet before the concerned Court very shortly. He further submits that the victim boy is aged about ten years and the offences committed by the petitioner are grave in nature. Hence, he vehemently opposes to grant bail to the petitioner.

6. Heard on both sides. This Court has perused the records.

7. In view of the facts and circumstances of the case, this Court is of the view that if bail is granted to the petitioner, he may cause threat to the defacto complainant and other witnesses. Considering the same, and also considering the fact that the offences allegedly committed by the petitioner are very grave in nature, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed. sd/- 07.03.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

2.The Officer in Charge, District Jail, Perurani, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.4064 of 2025 Date : 07/03/2025 SL(25.03.2025)/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4