Kathavarayan v. Thestate Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3267 of 2026 Kathavarayan ... Petitioner Vs.

State represented by Inspector of Police, All Women Police Station, Uthukottai, Tiruvallur.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.50 of 2025 on the file of the respondent pending investigation. For Petitioner : Mr.S.Chandranathan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.12.2025 for the alleged offence under Section 332(b), r/w under Sections 5(k), 6(1) of POCSO Act, 2012 in Cr.No.50 of 2025 on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that he is residing in the locality, where the victim girl was residing, she is aged about 13 years. While the victim playing with her friends, this petitioner called and taken her in his room and had committed aggravated penetrative sexual assault. Subsequently, the victim has intimated to her family members, which led to the registration of the case. Hence, the present petition for bail .

3. The learned counsel appearing for the petitioner submitted that the petitioner bought food for some persons and the victim girl was abducted and taken away, the same was questioned by the petitioner and also scolded her. Hence, a false complaint has been lodged against the petitioner. He further submitted that petitioner is in custody from 23.12.2025. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case of aggravated penetrative sexual assault and investigation in this case is pending. He further produced the accident register of the victim girl, which revealed that the victim girl had sustained various injuries and the same is noted in the medical examination. Hence, he opposed for grant of bail to the petitioner.

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5. I have gone through the statement recorded from the victim girl and other reports, which revealed that it is a case of aggravated penetrative sexual assault and she has also narrated the manner in which she was subjected to sexual assault.

6. Considering the above facts and if the petitioner is enlarged on bail, it will result in hampering the trial process, and considering the gravity of offence. Hence, I am not inclined grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 11.02.2026 Vv To

1. The Inspector of Police, All Women Police Station, Uthukottai, Tiruvallur.

2.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.3267 of 2026 11.02.2026 4/4