Kavin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kavin ... Petitioner/Accused No.3 Vs The Inspector of Police, Tiruvadanai Police Station, Ramanathapuram District.

(Crime No.5 of 2024.) ... Respondent/Complainant For Petitioner :

M/s.Karthik Kumar A, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.5 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to the judicial custody on 06.05.2024 for the offences under Sections 376(DA) and 376(AB) of IPC and 67(B) IT Act and 11(2), 11(4) r/w 12 and Section 5(1), 5(g) r/w 6 of POCSO Act, 2019 in Crime No.5 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner made a video call to the 1/3

victim and lured her to speak in a nude state. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the other accused persons threatened the victim girl and committed penetrative sexual assault upon her on three occasions. On one occasion, the accused video graphed it. When the marriage was fixed for the victim, the accused made the video viral. The petitioner is A3 and he made a video call to the victim and lured her to speak in a nude state. Hence, he has strongly opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 25/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SKN To 1.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

2.The Officer Incharge, District Jail, Ramanathapuram.

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

ORDER

IN CRL OP(MD) No.11557 of 2024 Date :25/07/2024 ED/ JGB /SAR- (23/08/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3