Hellokumar @ Alagukumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Hellokumar @ Alagukumar S/o. Raja

2. Saranraj @ Thirupathi S/o.Elumalai, Both are residing at Shikanampatty, Kadayampaty, Salem District.

..Petitioner(s) Vs The State Rep. By Inspector of Police, AWPS-Omalur Police Station, Salem District.

Crime No.100/2025

..Respondent(s) Prayer: This petition is filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.100/2025 on the file of Respondent and thus render justice.

For Petitioner(s):

M/S.C.Deepakkumar M.Arun Raja P.Hasnah K.Prathap For Respondent(s):

Mr.A. Gopinath, Govt Advocate

ORDER

The petitioners, who were arrested and remanded to judicial custody on 26.12.2025, for the offences punishable under Sections 5(1), 5(j)(ii) r/w 6 of POCSO Act, 2012 in Crime No.100 of 2025, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners herein are known to the minor victim girl and taking advantage of the proximity, the petitioners herein have committed aggravated penetrative sexual assault on her and also

threatened her with dire consequences. It is alleged that the petitioners have committed sexual assault on the victim girl continuously, due to which she has become pregnant. Hence this case.

3.The learned counsel appearing for the petitioner submitted that the occurrence has taken place when the petitioner is less than 18 years and he is judicial custody from 18.11.2025. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, prays to grant bail to the petitioner.

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 it is a case of continuos gang rape by both the petitioners herein which resulted in causing pregnancy and thereafter foetus was also aborted and investigation in this case is also pending. Hence, opposed to grant bail to the petitioner.

5. I have gone through the statement recorded from the victim girl under Section 183 of BNSS which reveals various disturbing facts and it is a case of gang rape which resulted in pregnancy. Though it is stated that the petitioner is

less than 18 years at the time of occurrence the statement of the victim girl does not reveal the age of the petitioner at the time of occurrence 6.Considering the submissions made by the learned counsel appearing on either side, nature of offence and it is a case of gang rape and if the petitioner is released on bail he will indulge in tampering of evidence, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this criminal original petition stands dismissed. 03-02-2026 Index: Yes/No Speaking/Non-speaking order To.

1.Inspector of Police, AWPS-Omalur Police Station,Salem District.

2. The Public Prosecutor, High Court, Madras

K.RAJASEKAR, J.

smn 03-02-2026