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Madras High CourtCRL OP/6219/2026dismissed

Marimuthu v. State Rep.By,

2026-03-11Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Marimuthu S/o.Kuppusamy, No.197, Konaapuram, Pattampalayam, Chokanur, Perumanallur, Tiruppur District.

..Petitioner(s) Vs State represented by:

The Inspector of Police, All Women Police Station, Avinashi,Tiruppur District.

Cr.No.36/2025.

..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 Spl.SC.No.305/2025 pending committal on the file of the Learned court of Sessions, Magalir Neethi Mandram, (Fast Track Mahila Court), Tiruppur, Tiruppur District. For Petitioner(s):

E.Kannadasan 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 offences under Sections 7 and 8 of Protection of

Children from Sexual Offence Act and Sections 351(2) and 329(4) of B.N.S. in Cr. No.36 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl, aged about 17 years, is the daughter of the defacto complainant. On 01.12.2025, when the parents of the victim girl went to their employment and the victim girl was alone in her house, the petitioner, who is the neighbour of the victim, had committed sexual assault on the victim girl. 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 is under incarceration since 01.12.2025 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.

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

6. In the statement of the victim girl submitted by the learned Government Advocate appearing for the respondent police, the victim girl has stated about the sexual assault committed by the petitioner. Considering the age of the victim and upon the fact that the petitioner is the neighbour of the victim girl, this Court is of the view that if the petitioner is enlarged on bail, there would be psychological trauma to the victim girl. Therefore, this Court is not inclined 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.

To

1. The Public Prosecutor, High Court, Madras.

2. The Inspector of Police, All Women Police Station, Avinashi, Tiruppur District.

C.KUMARAPPAN, J.

MJS 11-03-2026