Mookkan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Usilampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2025 PRESENT THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI 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.T.Sivanathan 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 1/5

Respondent Police.

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. The petitioner is in judicial custody from 02.07.2025.

2. The case of the prosecution is that the age of the victim girl, who is a mentally unsound child, is 17 years. 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 is falsely implicated in this case. The petitioner is in judicial custody for the past 120 days. Hence, he seeks bail.

2/5

4. The learned Additional Public Prosecutor for the respondent submitted that the investigation was completed and charge sheet was filed. However, he submitted that if the petitioner is released on bail, he may threaten the victim girl. 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, if the petitioner is released on bail, he may threaten the victim girl. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition stands dismissed.

(L V G J) 02.12.2025 APD 3/5

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.

4/5

L. VICTORIA GOWRI,J APD

ORDER

IN CRL OP(MD) No.22097 of 2025 Date : 02/12/2025 5/5