Ali v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Ali

2. Thamimkhan ..Petitioner(s) Vs State rep by Inspector of Police, Tindivanam, Crime No.26 of 2025 ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail pending investigation in connection with Crime No.26 of 2025 on the file of the Inspector of Police, All Women Police Station, Tindivanam.

For Petitioner(s):

Mr.G.Mohammed Aseef For Respondent(s):

Mr.A.Gopinath, GA (Crl.Side)

ORDER

The petitioners, were arrested on 13.10.2025 for the alleged offence punishable under Section 5(g), 5(j), (ii), 5(k), 6 of POCSO Act and Section 351(3) of BNS, in connection with Crime No.26 of 2025, pending investigation on the file of respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant, who is the mother of the victim girl aged about 16 years had taken the victim girl to the hospital where it was confirmed that she was pregnant. Upon enquiry, it was revealed that the petitioners had taking advantage and loneliness of victim allegedly committed forcible penetrative sexual assault on the victim girl and when it was question he threatened her with dire consequences. Based on the complaint lodged by the defacto complainant, a case has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that petitioners are in judicial custody since 13.10.2025 and petitioners also undertakes to cooperate with the investigation. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and vehemently opposed to grant bail to the petitioners, stating that if petitioners are enlarged on bail, they would abscond and may tamper the witnesses.

5. Considering the submissions putforth on either side, and the nature and

gravity of offence, and other aspects of this case, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed. 05.02.2026 Index: Yes/No Speaking/Non-speaking order JAI To

1. The Inspector of Police, Tindivanam.

2. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

JAI CRL OP No. 2645 of 2025 05.02-2026