Dismissed¶29

Petchimuthu v. The State of Tamilnadu

Madras HC18 Feb 2025CRL OP(MD)/2535/2025

Case brief

AI extract

What is this about?

CRL OP(MD) No.2535 of 2025, Madras High Court (Madurai Bench), R. Sakthivel, J., decided 18/02/2025. Section 483 BNSS bail application by Petchimuthu (Accused No.1) in Crime No.34/2024, All Women Police Station, Valliyoor, Tirunelveli District; charges under Sections 5(1), 6, 17 POCSO Act 2012 and Sections 296(b), 131 BNS 2023; arrested 17.10.2024; charge sheet filed; bail denied on ground of risk of threat to minor female victim (about 16 years, parentless) and witnesses; petition dismissed 18.02.2025.

What did the court decide?

The Court held that if bail were granted, the petitioner may cause threat to the victim girl and other witnesses. ¶28

Petchimuthu Vs The State of Tamilnadu — Child Sexual Offences (POCSO) | Madras HC (2025)

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CRL OP(MD). No.2535 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 18/02/2025

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PRESENT

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THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

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CRL OP(MD). No.2535 of 2025

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Petchimuthu, S/o. Sudalai, No. 101, East Street, Kila Karungal, Karungal, Thoothukudi District.

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... Petitioner/Accused No.1 Vs

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The State of Tamilnadu, Rep. by the Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District. Crime No. 34/2024.

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... Respondent/Complainant

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For Petitioner : Mr.S.P.Naveenkumar, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

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

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CRL OP(MD). No.2535 of 2025

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PRAYER :-

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For bail in Crime No. 34 of 2024 on the file of the Respondent-Police

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ORDER : The Court made the following order :-

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This Criminal Original Petition has been filed by the petitioner on 06.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

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The petitioner/ Accused No.1 was arrested and remanded to judicial custody on 17.10.2024 for the offences punishable under Sections 5(1), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Sections 296(b) and 131 of the Bharatiya Nyaya Sanhita, (BNS), 2023 in Crime No.34 of 2024 on the file of the respondent-police.

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The case of the prosecution is that the petitioner habitually subjected the victim girl, aged about 16 years, who is a relative of the petitioner's wife, to sexual harassment and on 16.07.2024, at about 01.30 p.m., the petitioner herein sexually assaulted the victim girl, when she was walking on the street. Hence, the complaint.

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Mr.S.P.Naveen Kumar, learned counsel appearing for the petitioner, submits

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that the petitioner has nothing to do with the alleged offence. He further submits that https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.2535 of 2025

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a false case has been foisted against the petitioner. He however submits that he is ready to abide by any conditions to be imposed by this Court. Therefore, he prays for granting bail to the petitioner.

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Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that a charge sheet has been filed before the concerned Court. He further submits that if bail is granted to the petitioner, the petitioner may cause threat to the victim girl. Hence, he vehemently opposes the grant of bail to the petitioner.

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In view of the facts and circumstances of the case, this Court is of the view that if bail is granted to the petitioner, he may cause threat to the victim girl and other witnesses. Considering the same and also taking note of the fact that the victim girl has no parents, this Court is not inclined to grant bail to the petitioner.

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