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2025 DAILYLAW 85416 (MAD)

R.SIVA v. STATE REP BY INSPECTOR OF POLICE

CRL OP/23250/2025 · 2025-08-21

G Jayachandran

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.23250 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2025 CORAM THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl.O.P.No.23250 of 2025 R.Siva ... Petitioner/Accused Vs State Rep by The Inspector of Police, W-26, Ashok Nagar AWPS, Chennai. (Crime No.6 of 2024) ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Spl.S.C.No.15 of 2025 in Crime No.6 of 2024 on the file of the Inspector of Police, W-26, Ashok Nagar AWPS, Chennai. For petitioner : Mr.K.Gokulram For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 27.07.2024, for the offences punishable under Section 6 of POCSO Act, 2012 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23250 of 2025 in connection with Crime No.6 of 2024, registered on the file of the respondent, seeks bail. 2.The petitioner herein was arrested on 27.07.2024 on the complaint that he has impregnated his step daughter having forcible penetrative sexual assault. 3.The learned counsel appearing for the petitioner submits that in this case investigation completed, final report filed and the case is now posted for trial on 28.08.2025. 4.The learned Government Advocate (Crl. Side) opposed for granting bail on the ground that victim girl is 14 years old. The accused is the step father of the victim girl. The DNA test has proved that the DNA of the foetus and the accused tallies. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23250 of 2025 5.In the light of the above fact, this bail petition stands dismissed, since the relationship between the victim and the accused probabilised possibility of tampering witnesses. 21.08.2025 rsi To: 1.The Sessions Judge, Special Court for Exclusive Trial of Cases Under POCSO Act, Chennai. 2.The Inspector of Police, W-26, Ashok Nagar AWPS, Chennai. 3.The Public Prosecutor, High Court Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23250 of 2025 DR. G.JAYACHANDRAN, J. rsi Crl.O.P.No.23250 of 2025 21.08.2025 4/4 https://www.mhc.tn.gov.in/judis