Milton Joshva v. The State Rep By, The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Milton Joshva S/o.Velankanniraj, 142, Nehru Street, Pudhur Village, Villupuram Taluk and District.

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

The Station House Officer, All Women Police Station, Villupuram.

Cr.No.141/2025 ..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 Cr. No.141 of 2025 on the file of the respondent police.

For Petitioner(s):

M/S. V. Venvizhi For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.12.2025 for the alleged offences under Sections 87, 127(2) and 75(2) of B.N.S. and Sections 5(m) r/w 6 of POCSO Act in Cr. No.141 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, aged 19 years, committed aggravated sexual assault on the victim girl, aged 9 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 07.12.2025. He has also submitted that the petitioner is the neighbour of the victim and due to previous enmity, he has been falsely implicated in this case and 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, Villupuram, there are serious allegations against the petitioner. Therefore, this Court is of the firm view that if the petitioner is enlarged on bail, it would create mental trauma to the victim girl and the same would also jeopardise the prosecution case and hence 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 Station House Officer, All Women Police Station,Villupuram.

C.KUMARAPPAN, J.

MJS 27-03-2026