G.Sakthivel v. The State Rep. By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL.OP No. 405 of 2026 G.Sakthivel Petitioner Vs The State represented by Respondent The Inspector of Police, Tirupathur AWPS, Tirupattur District Crime No.34 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.34 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.M.Ravikumar For Respondent(s):

Mr.A.Gopinath, GA (crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.10.2025 for the offences punishable under Sections 137[2] of BNS and Section 5[1] r/w 6 of POCSO Act, in Crime No.34 of 2025, registered on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner herein is aged

about 36 years, married men having a child, lured the victim girl aged about 16 years. Under the pretext of love, kidnapped her to Chennai and confined her in a lonely place and committed aggravated penetrative sexual assault. When she questioned him about the prior marriage, he attacked on her face and other places with knife. Hence she escaped from that place and lodged a complaint on him and the petitioner was arrested.

3. Learned counsel for the petitioner submitted that the petitioner herein has not committed any offence as alleged in this case and he is falsely implicated in this case and he further submitted that the petitioner herein is in incarceration from 18.10.2025 and he prays for grant of bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that in this case final report is filed and the same is taken on file in Spl.SC.No.160 of 2025 on the file of POCSO Court, Tirupattur and he further submitted that it is case of grave offence of aggravated penetrative sexual assault and hence, he opposes to grant bail to the petitioner.

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

6. This Court has gone through the statement recorded from the victim girl and it revealed that the petitioner has forcibly committed aggravated penetrative sexual assault and he has also attacked the victim girl with knife on her face and other places and caused some disfigurement. Though it is stated that final report is filed and the case is pending for trial, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. 09-01-2026 gv Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

K.RAJASEKAR J.

gv To 1.The Inspector of Police, Tirupathur AWPS, Tirupattur District 2.The Public Prosecutor, High Court, Madras.

CRL OP No. 405 of 2026 09-01-2026