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Madras High CourtCRL OP/5648/2026dismissed

Madhavaraj v. State Of Tamilnadu Rep.By,

2026-03-05Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Madhavaraj ..Petitioner(s) Vs State of Tamil Nadu rep.by, Inspector of Police, All Women Police Station, Thiruvarur, Thiruvarur District.

Cr.No.44/2025.

..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Cr.No.44 of 2025 on the file of the Inspector of Police, All Women Police Station, Thiruvarur, Tiruvarur District. For Petitioner(s):

Mr.N.Palanivel For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.12.2025 for the alleged offence under Section 5 (l), 5 (j) (ii) r/w Section 6 of POCSO Act, in Crime No.44 of 2025 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner who is aged about 30 years had committed aggravated penetrative sexual assault against a 17 year old victim. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and undertakes not to tamper with the witnesses. Hence, he prayed for grant of bail.

4.The learned Government Advocate (Criminal Side) would submit that under the guise of marriage, the petitioner committed aggravated penetrative sexual assault against the victim. He would further submit that if the petitioner is released on bail, he may abscond and tamper with witnesses and hence, he opposed the grant of bail.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submissions made by the learned counsel for the petitioner that there was an acquaintance between the victim and the petitioner, further considering the age of the petitioner and the age of the victim and fact that the victim became pregnant as a result of the relationship, this Court is of the view that, if the petitioner is enlarged on bail, it would cause fear psychosis in the mind of the victim. Hence, this Court finds that this is not an appropriate stage to enlarge the petitioner on bail.

7.Accordingly, this Criminal Original petition is dismissed. 05-03-2026 ep

To 1.The Inspector of Police, All Women Police Station, Thiruvarur, Thiruvarur District.

2.The Public Prosecutor High Court of Madras.

C.KUMARAPPAN, J.

ep 05-03-2026