Dismissed¶42

Velan v. The state Rep By, Inspector of Police

Madras HC9 Jun 2025CRL OP/14547/2025

Case brief

AI extract

What is this about?

Madras High Court bail refusal, Crl.O.P. Nos.14547 & 15468 of 2025, Justice M.Nirmal Kumar, 09.06.2025; Section 483 BNSS 2023 bail pending investigation; POCSO Act Sections 5(1), 5(j)(ii), 6(1), 7, 8; Prohibition of Child Marriage Act Sections 9, 10; Crime No.11 of 2025, AWPS Harur, Dharmapuri; accused Velan A1 and Jayasankar A3; pregnant minor victim, aborted foetus sent for DNA test, blood samples of A1, A3 and Nithish (A2); charge sheet e-filed 30.04.2025 before Special Court POCSO Dharmapuri; petitions dismissed, liberty to renew bail if DNA test excludes petitioners.

What did the court decide?

Bail refused; both criminal original petitions dismissed, with liberty to the petitioners to renew the bail application if the DNA test excludes them. ¶42

Velan Vs The state Rep By, Inspector of Police — Child Sexual Offences (POCSO) | Madras HC (2025)

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Crl.O.P.Nos.14547 & 15468 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.06.2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

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Crl.O.P.Nos.14547 & 15468 of 2025

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Velan

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... Petitioner/A1

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in Crl.O.P.No.14547 of 2025

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Jayasankar

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... Petitioner/A3

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in Crl.O.P.No.15468 of 2025

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Vs.

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State rep. by The Inspector of Police, All Women Police Station, Harur, Dharmapuri District. (Crime No.11 of 2025) ... Respondent in Crl.O.P.No.14547 of 2025

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State rep. by The Inspector of Police, AWPS Harur, Dharmapuri District. (Crime No.11 of 2025)

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... Respondent in Crl.O.P.No.15468 of 2025

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PRAYER in Crl.O.P.No.14547 of 2025: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail pending investigation in Crime No.11 of 2025 on the file of the respondent police.

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PRAYER in Crl.O.P.No.15468 of 2025 : Criminal Original Petition filed

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1/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.14547 & 15468 of 2025

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under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail pending investigation in Crime No.11 of 2025 on the file of the respondent police.

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Crl.O.P.Nos.14547 & 15468 of 2025

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For Petitioner : Mr.J.Pradeep For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

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COMMON ORDER

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The petitioner/A1 in Crl.O.P.No.14547 of 2025, who was arrested and remanded to judicial custody on 05.04.2025, for the offence punishable under Sections 5(1), 5(j)(ii), 6(1) of POCSO Act and Sections 9, 10 of Prohibition of Child Marriage Act in Crime No.11 of 2025, registered on the file of the respondent and the petitioner/A3 in Crl.O.P.No.15468 of 2025, who was arrested and remanded to judicial custody on 05.04.2025, for the offence punishable under Sections 5(1), 5(j)(ii), 6(1), 7 and 8 of POCSO Act in Crime No.11 of 2025, registered on the file of the respondent, seek bail.

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The contention of the petitioners is that the de facto complainant/mother of the victim girl found that her daughter (victim girl) was pregnant and lodged a complaint with the respondent police, based on which a case has been registered. Even according to the victim girl, the

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.14547 & 15468 of 2025

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victim girl was initially in love with one Nithishkumar (Nithish), who was arrayed as A2 in Cr.M.P.No.116 of 2025. Since the said Nithish was objected to by her parents, so they had physical relationships on several occasions. Thereafter, the victim girl finds that Nithish is a married man, and she stops talking with him. Using that A3, Jayasankar, a friend of Nithish got access to photographs between Nithish and the victim girl and threatened and had a forcible physical relationship with her. Furthermore, the victim had gone to her uncle's house for the temple festival, at that time when the victim was alone in the house, A1 came there and had a physical relationship with her. Hence, the case.

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Learned counsel for the petitioners submitted that the petitioners

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are not reasons for the foetus of the victim girl, and further, the victim girl seems to be a person leading her own way of life, making vague allegations. The DNA has to prove that the petitioners were not the reason for the victim and they have been falsely implicated in this case. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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Learned Government Advocate (Criminal Side) appearing for

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the respondent police, while opposing for grant of bail to the petitioners,

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3/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.14547 & 15468 of 2025

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reiterated the prosecution case and submitted that the complaint of the victim girl's mother the case has been registered and the victim was found pregnant, which has been confirmed by the Doctor and it has been aborted. The foetus has been sent for a DNA test, and blood samples are taken from the petitioners/A1 & A3 as well as Nithish. In the meanwhile, the investigation was completed and the charge sheet was filed through e-filing on 30.04.2025 before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.

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Considering the facts and circumstances of the case and submissions made by the learned counsels on either side, this Court is not inclined to entertain the petitions by giving liberty to the petitioners that, in the event of the DNA test excludes the petitioners, they can renew the bail application.

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