Immanuvel v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI CRL OP(MD.No.12811 of 2025 Immanuvel, S/o.Veerapandi, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.34 of 2025) .. Respondent/Complainant For Petitioner : Mr.L.Geroge Paul Anto Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.34 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 27.06.2025 for the offences punishable under Sections.7,8 of POCSO Act and 351

(2) of BNS in Crime No.34 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant is a deserted 1/3

woman and she is having one daughter who is aged about 13 years old. The defacto-complainant was living together with this petitioner for the past three years. On 01.05.2025, this petitioner misbehaved with the daughter of the defactocomplainant. Hence, the case.

3. The learned counsel for the petitioner would submit that due to family dispute, the defacto-complainant has lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. This petitioner is no way connected with this case, the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 27.06.2025 nearly 33 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the defacto-complainant is the deserted women, and she was living together with this petitioner. This petitioner sexually assaulted the defacto-complainant's daughter, who is aged about 13 years old. This petitioner frequently misbehaved with the victim girl. In this case, investigation is at initial stage. In this case, Section 138 BNSS statement was recorded from the victim girl. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also 2/3

taking note of the fact that investigation is at initial stage, if the petitioner released on bail, there will be a chance to threaten the witnesses and tamper the evidences and considering the gravity of offence, at this stage, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 30/07/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO:-

1. The Superintendent, Central Prison, Palayamkottai.

2. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN Date :30/07/2025 SBN/11.09.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3