Mookkan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY C.R.L. O.P.(MD).No.16448 of 2025 Mookkan ..Petitioner/Accused No.2 Vs The State of Tamil Nadu rep.by The Inspector of Police, AWPS, Usilampatti, Madurai District.

(Cr.No.13 of 2025) .. Respondent/Complainant For petitioner : Mr.S.Ramakrishnan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.13 of 2025 on the file of the Respondent Police.

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ORDER : This Court made the following order :- The petitioner, who was arrested and remanded to judicial custody for the offences punishable under Sections 5(k), 5(1), 5(j), (ii), 6 of POCSO Act, 2012, in Cr.No.13 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the age of the victim girl is 17 years old. The age of the accused is 76 years old. More than 2 persons, have committed penetrative sexual assault against the victim girl and the victim girl became pregnant. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and senior citizen and he has falsely implicated in this case. The petitioner is in judicial custody for the past 83 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor for the respondent submitted that the investigation is at initial stage and if the petitioner is released on bail, he may abscond. Hence, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also the nature of the offence committed by the petitioner and considering that the investigation 2/4

is still pending, if the petitioner is released on bail, he may tamper the witnesses and abscond. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition stands dismissed.

7. The trial Court is directed to complete the trial within a period of one year from the date of receipt of a copy of this order. (S S Y J) 07.11.2025 RJR To

1. The Principal Special Court for Exclusive trial of cases under POCSO Act, Madurai.

2. The Inspector of Police, AWPS, Usilampatti, Madurai District.

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

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S.SRIMATHY, J., RJR CRL OP(MD)No.16448 of 2025 07.11.2025 4/4