Duraiyan v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Duraiyan ..Petitioner Vs State rep.by, Inspector of Police, All Women Police Station, Dharapuram, Tiruppur District.

Crime No.22 of 2025 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Bail in Crime No.22 of 2025 on the file of the Respondent Police, pending investigation. For Petitioner:

Mr.N.Ponraj For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.07.2025 for the alleged offences under Sections 5(1), 5(k) r/w 6 of POCSO Act, 2012 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.22 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has committed sexual assault against the victim girl, who is mentally challenged and having low IQ.

The occurrence took place on 02.06.2025 when the victim had gone near the temple and the petitioner misbehaved and committed sexual assault and also threatened her not to disclose the same. Hence, the case was registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been in incarceration since 01.07.2025 and the trial has already commenced and PW1 to PW4 have been examined. The learned counsel would further submitted that the petitioner is willing to abide by any condition that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the victim girl is mentally challenged and the statement of the victim clearly reveals the involvement of the petitioner and the allegation is very serious in nature. Hence, he opposed to grant bail to the petitioner.

5. Considering the submission of the learned counsel on either side, this Court is of the view that considering the nature of allegation and the fact that the victim girl is mentally challenged and her statement discloses the involvement of the petitioner, this Court finds that there are serious allegations against the petitioner. If the petitioner is enlarged on bail, it would prejudice the

prosecution case and also cause mental trauma to the victim. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 15-04-2026 NSL To

1. The Sessions Judge, Magalir Neethi Mandram (FTMC), Tiruppur.

2. The Central Jail, Coimbatore.

3. The Inspector of Police, All Women Police Station, Dharapuram, Tiruppur District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 15-04-2026