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2025 DAILYLAW 23717 (MAD)

RAMESH v. STATE REP.BY ITS, INSPECTOR OF POLICE,

CRL OP/3852/2025 · 2025-02-14

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP NO. 3852 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-02-2025 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 3852 of 2025 RAMESH S/o. Muniappa, No.119/a Block, Urban Eco Space Apartment, Neary By Adakarakal Alli, Anaikkal Taluk, Bangalore, Karnataka. Petitioner(s) Vs State Rep.By Its, Inspector Of Police, All Women Police Station, Sooramangalam, Salem District. Cr.No.38 Of 2024. Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.38 of 2024 on the file of the respondent police. For Petitioner(s): S.Arivazhagan P. Anbarasan M. Venkatesh S. Vigneshwaran For Respondent(s): Public Prosecutor Page No.1 of 4 https://www.mhc.tn.gov.in/judis CRL OP NO. 3852 of 2025 ORDER This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 30.12.2024, seeking bail in Crime No. 38/2024 under Section 87 of the BNS Act and Section 5(1) r/w 6 of the POCSO Act. 2. The case of the prosecution is that the petitioner and the victim girl was in love affair and that the petitioner had sexual intercourse with the victim girl who is aged 17 years. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and he is in judicial custody from 30.12.2024. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the victim girl is aged about 17 years and the petitioner had kidnapped and had sexual intercourse with the victim girl and that 164 statement has been recorded. Page No.2 of 4 https://www.mhc.tn.gov.in/judis CRL OP NO. 3852 of 2025 5.On perusal of the 164 statement, it is clear that the petitioner is aged about 42 years and married man who is having two children. He has given tortured the victim girl to love him, due to which the victim girl accepted his proposal and thereafter on compulsion he has sexual intercourse with her twice. Even after she got admission in medical college, on false promise he had taken the victim girl to Tiruvannamalai and had sexual intercourse with her. On the complaint lodged by her brother,the petitioner was arrested and remanded to judicial custody. Therefor, the petitioner had committed a very serious office and hence, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. 14-02-2025 vca Page No.3 of 4 https://www.mhc.tn.gov.in/judis CRL OP NO. 3852 of 2025 G.K. ILANTHIRAIYAN,J. vca CRL OP NO. 3852 of 2025 To 1. State Rep.By Its, Inspector Of Police, All Women Police Station, Sooramangalam, Salem District. Cr.No.38 Of 2024. CRL OP NO. 3852 of 2025 14.02.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis