Sivakumar v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Sivakumar S/o. Gopal Vasantham Nagar, Dharapuram, Tiruppur District 638 656 ..Petitioner(s) Vs State rep. by The Inspector of Police, Dharapuram Police Station, Tiruppur District.

(Crime No.70 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Anticipatory Bail in the event of his arrest pending investigation in Crime No.70 of 2026 on the file of the respondent police and thus render Justice. For Petitioner(s):

Vignesh Masilamani For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 75(2) of BNS 2023 and section 4 of TN Prohibition of Harassment Women Act 2002 in Crime No.70 of 2026, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner was known to the defacto complainant's mother and that, on 12.12.2026, he visited the premises of the defacto complainant and while returning home, the victim was also leaving the very same premises in the separate vehicle and the petitioner has instead of travelling in his vehicle he requested the victim to drop him nearby place and seated as pillion rider and on the way he committed sexual assault on the victim by inappropriately touching her private parts and thereby committed sexual assault since it was night, the victim was not able to report with anyone. After returning home, she immediately informed the same to her parents and the parents went to the police station and lodged the complaint, hence the case has been registered.

3. The learned counsel for the petitioner submits that due to previous enmity, a false complaint has been lodged against the petitioner after delay of 24 hours and the petitioner is practising advocate he has not committed such offence and is ready to co-operate with the investigation. Therefore, he prays for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the

statement of the victim girl has revealed various disturbing facts and if the petitioner is released on bail he will indulge in similar offences. Hence, she vehemently opposed the grant of anticipatory bail to the petitioner.

5. I have gone through the FIR and other connected records and it revealed that the petitioner has committed sexual assault on the victim girl who is aged about 19 years, hence this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 24-02-2026 MPA To State rep. by The Inspector of Police, Dharapuram Police Station, Tiruppur District.

(Crime No.70 of 2026) 2.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 24-02-2026