Kathavarayan v. The State Rep Bythe Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kathavarayan ..Petitioner Vs The State rep by The Inspector of Police, All Women Police Station, Uthukottai, Tiruvallur.

Crime No.50 of 2025 ..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in Crime No.50 of 2025 on the file of respondent. For Petitioner:

Mr.K.Karthik For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Order The petitioner, who was arrested and remanded to judicial custody on 23.12.2025 for the alleged offence under Section 332(b), r/w under sections 5(k), 6(l) of POCSO Act 2012 in Crime No.50 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has committed penetrative sexual assault on the daughter of the de facto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has been incarcerated since 23.12.2025. He also submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and has produced the statement of the victim girl recorded under section 183 of the BNSS dated 08.01.2026. He further submitted that as per the statement, there is serious allegation against the petitioner. Hence, he opposed 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 counsel on either side and

considering the nature of allegation, gravity of the charge against the petitioner and upon the statement given by the victim girl, this Court is of a firm view that if the petitioner is enlarged on bail, it will create a mental trauma on the victim girl. Hence, this Court is not inclined to enlarge the petitioner on bail. Hence, this Criminal Original Petition is dismissed. 18-03-2026 SHL To:

1. The Special Court exclusive trial of case under POCSO Act, Tiruvallur

2. The Inspector of Police, All Women Police Station, Uthukottai, Tiruvallur.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 18-03-2026