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Madras High CourtCRL OP/10338/2026dismissed

Kasinathan v. The State Rep By, The Inspector Of Police

2026-05-06Honourable Mrs.Justice L.Victoria Gowri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Kasinathan S/o.Maniyan, No.16, GCT Nagar, Kasthuri Naickenpalayam, Vadvalli, Coimbatore District - 641 041.

..Petitioner(s) Vs The State rep by, The Inspector of Police AWPS - West Police Station, Coimbatore District. (Crime No.3/2026) ..Respondent(s) PRAYER : Criminal Original Petition is filed under 483 of BNSS, to enlarge the petitioner on bail pending Investigation in Crime No.3 of 2026 in the file of the Respondent Police and thus render justice. For Petitioner(s):

Mr.K.Govi Ganesan For Respondent(s):

Mr.v.J.Priyadarsana Government Advocate (Crl Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.03.2026 for the alleged offence under Section 11(i) r/w. 12, 5(m), r/w.6 of POCSO Act, 2012, Sections 65(2) and 127(2) of BNS Act and Sections 343, 348 of IPC and 376 of IPC in Crime No.3 of 2026 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner who is none other than the father of the victim girl, who is aged about 6 years, had committed sexual harassment and aggravated penetrative sexual assault on her daughter and wrongly confined her. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and undertakes not to tamper with the witnesses. Hence, he prayed for grant of bail.

4.The learned Government Advocate (Criminal Side) strongly opposed to grant bail to the petitioner. He would further submit that if the petitioner is released on bail, he may abscond and tamper with witnesses and hence, he opposed the grant of bail.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submissions made by the learned counsel for the petitioner that petitioner is the father of the victim, further considering the age of the

petitioner and the age of the victim, nature and gravity of the offence and that the investigation is still pending, this Court is of the view that, if the petitioner is enlarged on bail, it would cause fear psychosis in the mind of the victim. Hence, this Court finds that this is not an appropriate stage to enlarge the petitioner on bail.

7.Accordingly, this Criminal Original petition is dismissed. 06-05-2026 Index: Yes/No Speaking/Non-speaking order MTL To

1. The State rep by, The Inspector of Police AWPS - West Police Station, Coimbatore District. (Crime No.3/2026) 2.The Public Prosecutor High Court of Madras.

L.VICTORIA GOWRI, J.

MTL 06-05-2026