Karthik v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.435 of 2026 Karthik ... Petitioner -vsState Rep by, The Inspector of Police, All Women Police Station, Manargudi Thiruvarur District.

(Crime No.23 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.23 of 2025 on the file of the respondent police.

For Petitioner :

Mr.P.Muthamizhselvakumar For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.07.2025 for the offences punishable under Sections 5(1), 5(i), (ii), 5(n) r/w Section 6 of POCSO Act, in Crime No.23 of 2025, registered on the file of the respondent police, seeks bail.

2. The allegation against this petitioner is that the petitioner herein is the 1/4

paternal uncle of the victim girl. While so, she was sleeping with her family members in her house, this petitioner taking advantage of the loneliness and proximity had sexual relationship with her which resulted in causing pregnancy and hence the same was reported to the family members. Hence this case was registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is only the paternal uncle of the victim girl and there is likelihood of marriage between them after the victim girl attains the age of majority, and he further submitted that he would not disputing the paternity and the petitioner is in judicial custody since 18.07.2025; and sought for bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the victim girl is aged about only 13 years and the petitioner is aged about 30 years; and the petitioner has committed aggravated penetrative sexual assault to the victim girl and opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

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6. Considering the fact that the victim girl is aged about only 13 years and she has become pregnant and the allegation made against the petitioner is that he had committed aggravated penetrative sexual assault on the victim girl of 13 years which is grave in nature and hence this court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 09.01.2026 gv To 1.The Inspector of Police, All Women Police Station, Manargudi Thiruvarur District.

2.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

gv Crl.O.P.No.435 of 2026 09.01.2026 4/4