Prathap v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prathap S/o.Chakkarai, Mariyamman Kovil Street, Kolapakkam, Villupuram.

..Petitioner(s) Vs State represented by:

The Station House Officer, AWPS Villupuram, Villupuram.

Crime No.140 of 2025 ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in Spl.S.C.No.22 of 2026 in Crime No.140/2025 on the file of the Special Court for exclusive trial under Pocso Act, Villupuram.

For Petitioner(s):

R.Siranjeevi For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.12.2025 for the alleged offences under Sections 87, 127(2) and 75(2) of

B.N.S. read with Sections 9(m), 10, 5(m) and 6 of Protection of Children from Sexual Offence Act and Sections 351(2) and 329(4) of B.N.S. in Cr. No.140 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl is aged about 7 years and the petitioner, who is aged about 26 years, had committed aggravated penetrative sexual assault on the victim girl. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is under incarceration since 05.12.2025 and he is ready and willing to abide by any condition that may be imposed by this Court and hence prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and strongly opposed to grant bail to the petitioner. He has also submitted the copy of the statement of the victim recorded under 183 of B.N.S.S. on 12.12.2025 before the learned Judicial Magistrate, Villupuram.

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

6. According to the statement of the victim girl submitted by the learned Government Advocate appearing for the respondent police, the age of the victim girl is 7 years and from the reading of the statement of the victim, this Court could able to look prima facie case against this petitioner and apart from that, considering the age of the victim girl and upon the fact that the petitioner is a neighbour of the victim girl, this Court is of the view that if the petitioner is enlarged on bail, the same would cause psychological trauma to the victim girl. In view of the same, it is not desirable to enlarge the petitioner on bail.

7. Accordingly, this Criminal Original Petition is dismissed. 11-03-2026 MJS Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

C.KUMARAPPAN, J.

MJS To

1. The Public Prosecutor, High Court, Madras.

2. The Station House Officer, AWPS Villupuram, Villupuram. 11-03-2026