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2025 DAILYLAW 9816 (MAD)

SHIYAS ALI v. THE STATE REP.BY, THE INSPECTOR OF POLICE,

CRL OP/136/2025 · 2025-01-07

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.136 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.01.2025 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.136 of 2025 Shiyas Ali ... Petitioner Vs. The State Rep. by Inspector of Police Podhanur Police Station Coimbatore City Crime No.228 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.228 of 2024 on the file of the respondent Police. For Petitioner : Mr.P.Saravana Sowmiyan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.136 of 2025 O R D E R Petition seeking bail in respect of Crime No.228 of 2024 registered for the offences punishable under Sections 5(1), 5(n), 6 of Protection of Child from Sexual Offences Act, 2012 and Section 65(1) of BNS, 2023, is on board for consideration. 2.The incarceration of the petitioner being from 22.10.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is in no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court. 3.The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner had committed sexual assault on her step daughter, who is a minor girl, aged 13 years. He further submits that a statement under Section 183(5) of BNSS also recorded from the victim girl. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.136 of 2025 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, including the statement of the minor victim girl recorded under Section 183(5) of BNSS, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 07.01.2025 sai To 1.The Inspector of Police Podhanur Police Station Coimbatore City. 2.The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.136 of 2025 A.D.JAGADISH CHANDIRA, J. sai Crl.O.P.No.136 of 2025 07.01.2025 4/4 https://www.mhc.tn.gov.in/judis