Vijay v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.4195 of 2026 Vijay ... Petitioner/ Accused Vs The State rep by, The Inspector of Police, Peralam Police Station, Tiruvarur District (Crime No.05 of 2026) ... 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.05 of 2026 on the file of the respondent police. For Petitioner(s) :

Ms. T. Muruganantham For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.01.2026, for the offences punishable under Sections 7 r/w Section 8 of POCSO Act, 2012 in Crime No.05 of 2026, registered on the file of the respondent police, seeks bail.

1/4

2.The case of the prosecution is that this petitioner is running a salon and the victim boy went to the shop for cutting the hair and the petitioner has committed aggravated penetrative sexual assault on the victim boy. After returning to the home the petitioner has narrated the incident to his parents. Hence this petition.

3.The learned counsel appearing for the petitioner submitted that there was a quarrel regarding the cutting of the hair which resulted in lodging a false case against the petitioner. He further submitted that the petitioner is in judicial custody from 06.01.2026 and the petitioner is ready to co-operate with the investigation and abide by any stringent conditions that may be imposed by this Court. Hence, prays to grant bail. 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 aggravated penetrative sexual assault and he also produced the statement recorded from the victim boy under section 183(5) of BNSS. He further submitted investigation in this case is pending. Hence, opposed to grant bail to the petitioner. 2/4

5. I have gone through the statement recorded from the victim boy which reveals various disturbing facts and the fact that the petitioner has committed aggravated penetrative sexual assault on the victim boy. 6.Considering the submissions made by the learned counsel appearing on either side, nature of offence and it is a case of aggravated penetrative sexual assault 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. 19.02.2026 smn To

1. The Inspector of Police, Peralam Police Station, Tiruvarur District

2. The Public Prosecutor, High Court, Madras 3/4

K. RAJASEKAR, J.

smn CRL OP NO.4195 of 2026 19.02.2026 4/4