Moorthi v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2026

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Moorthi ... Petitioner Vs.

The State Rep. By The Inspector of Police, All Women Police Station, Vaniyambadi, Tirupathur District.

Crime No.19 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner's bail in the event of his arrest in Crime No.19 of 2025 pending investigation on the file of the respondent police.

For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.07.2025 for the alleged offence under Sections 5(j)(i), 5(k), 5(l), 5(n) r/w Section 6 of the POCSO Act and Sections 64(2) and 351(3) of BNS [corresponding Sections 376 and 506(ii) of IPC] in Crime No.19 of 2025 on 1/4

the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he is the step father of the victim, who is aged 13 years and she is a special child. Taking advantage of the age and guardianship, the petitioner has committed aggravated penetrative sexual assault of the victim girl. She was able to convey the same to her school teacher, and it was reported to various authorities. Hence, a case was registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been in incarceration since 24.07.2025. He further submitted that in this case investigation is completed and the final report was also filed. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and contended that the present case pertains to continuous penetrative sexual assault on 13 years old victim girl. He further submitted that earlier this Court dismissed the bail applications of the petitioner in Crl.O.P.No.33410 of 2025 and Crl.O.P.No.2255 of 2026 dated 05.12.2025 and 02.02.2026 respectively. 2/4

Hence, he opposed the grant of bail to the petitioner.

5. From the submissions made by the learned Government Advocate (Crl.Side), it is seen that this is a serious case of penetrative sexual assault alleged against the petitioner. Since custody of the petitioner is required for effective trial of the case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 27.04.2026 cda To 1.The Sessions Court, Tirupathur.

2.The Inspector of Police, All Women Police Station, Vaniyambadi, Tirupathur District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

cda 27.04.2026 4/4