Arockia Periyanayaga Raj v. The State Rep. By Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP No.1976 of 2026 Arockia Periyanayaga Raj ... Petitioner Vs The State Re by Station House officer, AWPS Thirukoilur Kallakurichi District (Crime No.125 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.125 of 2025 pending on the file of the respondent police. For Petitioner(s) :

Mr. S. Siva Kumar For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.12.2025, for the offences punishable under Sections 96 of BNS R/w Section 6 of POCSO Act, 2012 registered on the file of the respondent, seeks bail.

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2.The case of the prosecution is that this petitioner has developed contact with the victim girl through instagram and slowly stalked with her. It is alleged that on the date of occurrence this petitioner went to the house of the defacto complainant and when she was alone taking advantage of the same this petitioner has forcibly committed aggravated penetrative sexual assault on her. Thereafter, she was rescued by her family members and immediately a case was registered against the petitioner. 3.The learned counsel appearing for the petitioner submitted that due to previous enmity and since the petitioner is married to another girl a false complaint has been lodged against the petitioner and no such occurrence has taken placed as lodged in the F.I.R and he is in judicial custody from 04.12.2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that this is a case of aggravated penetrative sexual assault and investigation in this case is pending. 2/4

5. Heard both sides and perused the statement recorded from the victim girl under Section 183 of BNSS.

6. Considering the nature of the allegations and the statement recorded from the victim girl under and the manner in which the occurrence has taken place and investigation in this case is pending and this is a case of aggravated penetrative sexual assault, I am not inclined Court is not inclined to grant bail to the petitioner.

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Accordingly, this criminal original petition stands dismissed. 29.01.2026 smn To

1. The Station House officer, AWPS Thirukoilur Kallakurichi District

2. The Public Prosecutor, High Court, Madras 3/4

K. RAJASEKAR, J.

smn Crl.O.P. No.1976 of 2026 29.01.2026 4/4