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Madras High CourtCRL OP/3428/2026dismissed

Vijaya Kumar v. The State By, The Inspector Of Police,

2026-02-12Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.3428 of 2026 Vijay Kumar ... Petitioner -vsState Rep by, The Inspector of Police, AWPS Palladam, Tiruppur District.

(Crime No.21 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Spl.S.C.No.162 of 2025 on the file of the Sessions Judge, Fast Track Mahila Court, Tiruppur. For Petitioner :

Mr.C.Harish For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.06.2025 for the alleged offences punishable under Sections 5(1), 5(n), 5(j) (ii) r/w 6 of POCSO Act, 2012 in Crime No.21 of 2025, registered on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that, he is the sister's husband of the victim girl aged about 13 years and taking advantage of loneliness he committed aggravated penetrative sexual assault, which results in causing pregnancy to her. Hence, the complaint.

3. Earlier, this Court had dismissed the bail petition on two occasions on the ground that:

"5. Considering the facts and circumstances of the case, that the petitioner has committed aggravated penetrative sexual assault to the victim girl aged about 13 years, the case is pending for framing of charges, if the bail is granted to the petitioner he will tamper the witness, hence, this Court is not inclined to grant bail to the petitioner at this stage".

4. Now, the learned counsel for the petitioner submitted that even after the dismissal of the earlier bail petitions, there has been no progress in the trial. Hence, he prays to grant bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that after dismissal of the bail petition in Crl.OP.No.36159 of 2025 dated 08.01.2026, charges were framed and the matter was posted for fixing the trial date.

6. Considering the above facts and circumstance of the case and the gravity of the offence, this Court is not inclined to grant bail to the petitioner. 2/4

7. Accordingly, this Criminal Original Petition is dismissed. 12.02.2026 drl To 1.The Inspector of Police, AWPS Palladam, Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.3428 of 2026 12.02.2026 4/4