R.Velusamy v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN R.Velusamy, S/o.Ramasamy ... Petitioner Vs.

The State rep. by Inspector of Police, Perundurai Police Station, Erode District.

(Crime No.71 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 439 of Cr.P.C. and read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant bail to the petitioner in Special S.C.No.55 of 2025 on the file of the Magalir Neethimandram (Fast Track Mahila Court), at Erode. For Petitioner : Mr.G.Shanmugam For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.01.2025 for the alleged offence under Section 351(2) of BNS Act read with 506(1) of IPC and Section 5(1), 5(n) and 6 of POCSO Act, 2012, in Crime No.71 of 2025 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that the petitioner is the step father of the victim child. He had committed aggravated penetrative sexual assault against the victim girl, who is aged about 14 years. Hence, the above case.

3. The learned counsel appearing for the petitioner 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 submits that the petitioner has been in judicial custody since 31.01.2025 and he is ready to co-operate with the investigation and abide by any stringent conditions that may be imposed by this Court. He further submitted that charge sheet has been filed and the same has been taken on file in S.C.No.55 of 2025 on the file of learned Magalir Neethimandram (Fast Track Mahila Court), Erode Hence, he prays for grant of bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent Police strongly opposed the bail petition on the ground that the petitioner is the step father of the victim girl, who is aged about 14 years. On perusal of the 183 of BNSS statement, it is seen that the allegation against the petitioner is serious in nature. Hence, he opposed the grant of bail to the petitioner.

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5. On going through the 183 of BNSS statement produced by the learned Government Advocate, it is seen that, there was a serious allegation made against the petitioner. Considering the severity of the allegation and the sexual assault suffered by the victim at the hands of the petitioner and on the fact that the victim being a minor, as rightly contended by the learned Government Advocate appearing for the respondent, if the petitioner is enlarged on bail, the same would jeopardize the prosecution case and cause mental trauma to the victim girl. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 30.03.2026 mp To 1.The Inspector of Police, Perundurai Police Station, Erode District. 2.The Public Prosecutor, High Court of Madras. 3/4

C.KUMARAPPAN, J.

mp Crl.OP.No.7945 of 2026 30.03.2026 4/4