R.Ratheesh v. State of Tamilnadu Rep by Inspector of Police, Awps-Marthandam

ORDER The petitioner, who was arrested and remanded to judicial custody on 31.12.2024 for the offences punishable under Sections 126, 127, 351(2), 96 & 64 of BNS 2023, and Sections 5(i), 5(l) & 6 of POCSO Act, in Crime No.32 of 2024 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the defacto complainant's daughter was studying in 12th standard. When she returned from Trichy after finishing Hand Ball competition for her school team and reached her school at 9.00 p.m, at that time on seeing the petitioner, who is the well known person of the defacto complainant's family standing near the tea shop in front of the school, she went to him and asked his mobile and informed her father to pick up. But due to tower problem she could not communicate her father, so she started walking to her house. At that time, one Faizal Khan came there and took her to the nearby building and had penetrative sexual intercourse with her 3 times and later at 04.00 a.m, she escaped from the place and walked on the road. At that time, her father's friend saw her and took the victim and dropped her to her house. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 13.12.2024 Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor produced the 164 statement of the victim girl and he opposed for grant of bail to the petitioner.

¶5The present petition is filed by A1 and the crime number is of the year 2024. At that time, the victim's age was 17. This Court perused the 164 statement of the victim girl wherein the victim girl S.SRIMATHY,J. PJL clearly stated that the petitioner had taken the victim to the unknown place and had penetrative sexual intercourse with her and thereafter the petitioner has left the victim to another man also, who is A2 who has also committed the same offence against the victim and the mother of the petitioner assaulted the victim stating that the petitioner is addicted to Narcotic drugs. Further, the trial is almost at the verge of conclusion. At this stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

29.01.2026 PJL TO

¶1The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL OP(MD) No.1578 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.01.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY R.Ratheesh ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District. Crime No.32 of 2024. ... Respondent/Complainant For Petitioner : Mr.C.Prithviraj, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.32 of 2024 on the file of the Respondent Police.