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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Mageshwari – Appellant
Versus
State Rep by the Assistant Commissioner of Police, Chennai – Respondent
| Table of Content |
|---|
| 1. details of the criminal appeal and accusations. (Para 1 , 2 , 3) |
| 2. arguments regarding the grant of bail application. (Para 4 , 5) |
| 3. court's analysis of the merits and considerations for bail. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court's views on prolonged detention and appellant's background. (Para 12 , 13) |
| 5. final order granting bail to the appellant. (Para 14 , 15 , 16) |
JUDGMENT :
SUNDER MOHAN, J.
1. The Criminal Appeal has been filed by Accused No.5, challenging the impugned order dated 05.11.2025, passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, in Crl.M.P.No.1611/2025 in Spl.S.C.No.28/2025, rejecting her bail application.
2. The appellant is accused of the offence under Sections 103(1) BNS, 61 r/w 238(a) r/w 103(1) BNS, Section 3(2)(v)(vi) of the SC/ST Act and Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. (i) The case of the prosecution as per the final report is that the victim/deceased aged about 16 years was staying in the house of the 1st and 2nd accused and working as a domestic help; that the victim was found dead at the bedroom with injuries all over her body on 01.
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Bail – Court should be circumspect in granting bail in POCSO cases.
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