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2025 DAILYLAW 22775 (MAD)

IMBRAN KHAN v. STATE REP.BY, THE INSPECTOR OF POLICE,

CRL OP/4088/2025 · 2025-03-18

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL O.P. No.4088 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.03.2025 CORAM: THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.4088 of 2025 Imbran Khan S/o. Najir Khan .. Petitioner / Accused Vs State rep. by:- The Inspector of Police, All Women Police Station, Palladam, Tiruppur District. ... Respondent [Cr. No.8 of 2024] PRAYER: - Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr. No.8 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. N. Ponraj For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side] ORDER This Criminal Original Petition has been filed by the petitioner, 1/4 https://www.mhc.tn.gov.in/judis CRL O.P. No.4088 of 2025 who was arrested and remanded to judicial custody on 16.05.2024, seeking bail in Cr. No.8 of 2024 registered for the offences under Sections 449 and 506(ii) of B.N.S. read with Section 3(a) and 4(2) of POCSO Act. 2. This is the second bail application before this Court. The earlier bail application was dismissed as 'withdrawn' on 06.12.2024. 3. The case of the prosecution is that the petitioner had committed penetrative sexual assault on the victim girl aged about 12 years. 4. The learned counsel for the petitioner would contend that the petitioner is in custody from 16.05.2024; that the allegations against the petitioner are false; that since he has to effectively defend during the trial, he may be released on bail. 5. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and on instructions submitted that the trial 2/4 https://www.mhc.tn.gov.in/judis CRL O.P. No.4088 of 2025 is nearing completion and the case is now posted for examination of investigation officer. 6. Considering the aforesaid facts, the nature of allegations against the petitioner, the fact that the trial is nearing completion and the petitioner has no permanent residence, this Court is not inclined to grant bail to the petitioner at this stage. 7. Accordingly, the Criminal Original Petition is dismissed. The trial Court is directed to complete the trial pending in Spl. S.C. No.132 of 2024 as expeditiously as possible. 18.03.2025 mjs SUNDER MOHAN., J. mjs 3/4 https://www.mhc.tn.gov.in/judis CRL O.P. No.4088 of 2025 To 1. The I Additional District Court / Sessions Court (FAC), Mahalir Neethimandram (FTMC), Tiruppur. 2.The Inspector of Police, All Women Police Station, Palladam, Tiruppur District. 3. The Superintendent of Police, Central Prison, Coimbatore. 4. The Public Prosecutor, High Court of Madras. Crl. O.P. No.4088 of 2025 18.03.2025 4/4 https://www.mhc.tn.gov.in/judis