Suresh v. 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 Suresh, S/o.Rajendran ... Petitioner Vs.

State rep. by The Inspector of Police, AWPS Tiruchengode Police Station, Namakkal District.

(Crime No.46 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in Crime No.46/2025 on the file of respondent.

For Petitioner : Mr.C.Deepak Kumar For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.12.2025 for the alleged offence under Section 87 of BNS (336 of IPC) and Sections 5(n) read with 5(m), 6 of POCSO Act, 2012, in Crime No.46 of 2025 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that the de-facto complainant's daughter/victim girl is aged about 17 years, met with an accident and sustained grievous injuries. Owing to the said injuries, she was unable to attend school. The petitioner is the husband of de-facto complainant's sister. On 05.12.2025, the petitioner is alleged to have committed penetrative sexual assault on the victim girl. 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 would further submit that the petitioner has been in judicial custody since 29.12.2025 and he is ready to co-operate with the investigation and 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 strongly opposed the bail petition on the ground that the petitioner is aged about 41 years and the victim girl is aged about 17 years and he has also submitted the 183 of BNSS statement, where 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. Considering the severity of the allegation and the sexual assault suffered by the victim at the hands of the petitioner, this Court is of the view that, if the petitioner is enlarged on bail, it would jeopardize the prosecution and cause mental trauma in the minds of 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, AWPS Tiruchengode Police Station, Namakkal District.

2.The Public Prosecutor, High Court of Madras. 3/4

C.KUMARAPPAN, J.

mp Crl.OP.No.8007 of 2026 30.03.2026 4/4