Karuppasamy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI Karuppasamy, S/o.Sankarraj, Kasthuribhai 1st Street, Gandhi Nagar, Kovilpatti, Thoothukudi District.
..Petitioner/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.Mohideen Basha Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/5
PRAYER :- For Bail in Crime No.685 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused, who 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 and Section 5(l), 5(m), 5(i), 6 of POCSO Act in Crime No.685 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased boy is aged about 10 years. The petitioner was distant relative to the deceased boy. On 09.12.2024, at about 9.15a.m., when the deceased boy was alone at his house, at that time, the petitioner abducted him with the intention of engaging in homosexual activity. The deceased boy subjected to severe sexual assault by the petitioner which caused suffocation and severe injury. Later, the victim boy was died. The petitioner also stolen the one sovereign of gold chain from the deceased boy. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offences as alleged by the prosecution, a false case has been foisted against the petitioner. The petitioner not at all present at the scene of 2/5
occurrence, at the time of occurrence he was standing near his auto stand which was 4Km away from the scene of occurrence. The petitioner is in judicial custody for the past six months. The petitioner is law-abiding citizen and he will not abscond himself and he is ready and willing to abide any stringent conditions imposed by this Court. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the victim boy is only 10 years old. This petitioner has a history of homosexual behaviour. This petitioner have homosexual activity with the deceased boy, in which, the deceased boy have sustained severe injury, suffocation and died. He has also stolen one sovereign gold chain from the deceased boy. The allegations against the petitioner are very serious in nature. In this case, investigation was completed and the charge sheet has also been filed before the trial Court in Spl.S.S.No.62 of 2025, now the trial was commenced . Hence, he strongly objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking into consideration of the fact that the petitioner is having bad antecedents, if the petitioner is released on bail, there will be a chance to tamper and hamper the 3/5
evidences, the allegations levelled against the petitioner are grave in nature and also considering the nature of offence involved in this case, this court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN TO 1 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT 2 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9779 of 2025 Date :11/06/2025 SS/SAR- /23/06/2025/ 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5