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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No.6161 of 2026 Karthikesan ..Petitioner(s) Vs The State Rep. by the Inspector of Police, All Women Police Station, Tiruthuraipoondi.

(Crime No.13 of 2025) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in connection with Crime No.13 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.S.Sekar For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.07.2025 for the alleged offences under Sections 5(k), 5(I), 5(n) r/w Section 6 of POCSO Act, and Sections 115(2) and 351(1) of BNS, 2023, in Crime No.13 of 2025, on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner is the paternal uncle of the victim girl, who is aged 17 years; that taking advantage of her loneliness, the petitioner had committed penetrative sexual assault on her and threatened her of dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been under incarceration since 20.07.2025. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and seeks for bail.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and would submit that the petitioner is a married man and is the paternal uncle of the victim girl. He would further submit that the statement of the victim girl under Section 183 of BNSS, 2023, was recorded and that investigation has been completed and final report has also been filed. However, he would vehemently oppose for the grant of bail to the petitioner.

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, the victim is aged about 17 years and the allegations made against the petitioner are serious in nature. Therefore, though considering the petitioner's long incarceration since 20.07.2025 and taking into consideration the familial relationship between the petitioner's family and the defacto complainant's family, if the petitioner is released on bail, that would definitely cause fear psychosis upon the minds of the victim. In such view of the position, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 10-03-2026 ATA

C.KUMARAPPAN, J.

ATA To

1. The Mahila Court, Tiruvarur District.

2. The the Inspector of Police, All Women Police Station, Tiruthuraipoondi.

3. The Superintendent of Police, Central Prison, Trichy.

4. The Public Prosecutor, High Court of Madras. 10-03-2026