Milton Joshva v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HONOURABLE MR JUSTICE C. KUMARAPPAN CRL OP NO.5502 of 2026 Milton Joshva ... Petitioner/ Accused Vs The State rep. by, The Station House Officer, All Women Police Station, Villupuram.

(Crime No.141 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.141 of 2025 on the file of the respondent. For Petitioner(s) :

M/s. V. Venvizhi For Respondent(s) :

Mr. S. Vinoth Kumar Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.12.2025 for the alleged offence under Section 87, 127(2), 75(2) of BNS and Section 5(m) and Section 6 of POCSO Act, 2012 in Crime No.141 of 2025 on the file of the respondent police, seeks bail. 2.

The allegation against the petitioner herein is that, he had committed aggravated sexual assault on the victim girl, who is aged about 9 years. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He would further submit that, the petitioner is a college going student and due to previous enmity, the defacto complainant, who is the mother of the victim girl lodged a false complaint against the petitioner; that the petitioner is in judicial custody since 07.12.2025 and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4.

The learned Government Advocate (Criminal Side) appearing 2/4

for the Respondent Police while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the victim in this case is only 9 years and she had deposed her statement before the concerned Magistrate on 18.12.2025 and narrated the incident. He also submitted that the investigation of this case was completed, charge sheet filed and the case was also taken on file. .

5.

I have given my anxious consideration to either side submissions and perused the materials available on record. 6.

From the submissions made by the learned Government Advocate (Crl. Side), it is seen that charge sheet has been filed and Special Session Case Number is also assigned. In such a view, though the petitioner is in incarceration since 07.12.2025, if the petitioner is enlarged on bail, it would create fear psychosis in the mind of the victim to depose before the Court in this case; and considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner, at this stage. C. KUMARAPPAN , J.

stn 3/4

7.

Accordingly, this criminal original petition stands dismissed. 04.03.2026 stn To

1. The Station House Officer, All Women Police Station, Villupuram.

(Crime No.141 of 2025)

2. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.5502 of 2026 4/4