Mareeswaran v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Sattur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT THE HONOURABLE MR. JUSTICE K.RAJASEKAR Mareeswaran ... Petitioner/Sole Accused Vs The State of Tamil Nadu, rep. by Inspector of Police, Sattur All Women Police Station, Virudhunagar District.

Crime No.15 of 2025 ... Respondent/Complainant For Petitioner : Mr.S.Meena For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail in Crime No.15 of 2025 on the file of the respondentpolice. ORDER : This Court made the following order:- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 04.04.2025 for the offence punishable under Section 5(1) r/w 6 of POCSO Act and Section 65(1) of BNS in Crime No.15 of 2025 on the file of the respondent 1/3

police, seeks bail.

2. The case of the prosecution is that the petitioner is the friend of victim's father and taking advantage of the relationship, he used to visit victim's house and committed penetrative sexual assault and subsequently, it was revealed, when the mother of the victim found condom in victim's school bag. Hence, the case.

3. The learned counsel for the petitioner submits that due to enmity, false case has been lodged against the petitioner and there is no such occurrence had taken place as alleged in the complaint. Considering the period of incarceration, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent reported that victim girl had made statement under Section 183 of BNSS before the learned Judicial Magistrate implicating the petitioner herein and the petitioner taking advantage of victim's young age had committed penetrative sexual assault. He further submitted that in this case investigation is at initial stage.

5. Considering the facts and circumstances of the case and also considering the 2/3

fact that in this case investigation is yet to be completed, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 14/05/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1.The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

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

ORDER

IN Date : 14/05/2025 BV(27/05/2025) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3