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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Abbas S/o.Ibrahim, Sasthan Kovil Street, Aayakudi, Surandai, Tenkasi.

..Petitioner(s) Vs The State represented by:

The Inspector of Police Tirumurugan Poondi Police Station, Tiruppur District.

[Cr. No.188 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 Crime No.188 of 2025 on the file of the respondent police.

For Petitioner(s):

M/S. Deepanuday For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.04.2025 for the alleged offences under Sections 3(1) r/w 4 of POCSO Act in Cr. No.188 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, aged 20 years, committed penetrative sexual assault on the victim boy, aged 13 years and hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case and he is under incarceration since 18.04.2025. He has also submitted that the petitioner 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 enlarge the petitioner. He has also submitted the copy of the statement of victim recorded under Section 183 of B.N.S.S.

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

6. As per the statement of the victim recorded under Section 183 of B.N.S.S. before the learned Judicial Magistrate, Avinasi, there are serious

allegations against the petitioner. Therefore, as rightly contended by the learned Government Advocate (Crl. Side), if the petitioner is enlarged on bail, it would create mental trauma to the victim girl and the same would also cause prejudice to the prosecution case. Therefore, considering the totality of circumstances, this Court is not inclined to enlarge the petitioner on bail..

7. Accordingly, this Criminal Original Petition is dismissed. 27-03-2026 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.

To

1. The Public Prosecutor, High Court, Madras.

2. The Inspector of Police, Tirumurugan Poondi Police Station, Tiruppur District.

C.KUMARAPPAN, J.

MJS 27-03-2026