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Madras High CourtCRL OP/10430/2026dismissed

Vijayakumar 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 Vijayakumar S/o. Ramu, No.91, Hospital Street, Kaspa, Gudiyatham, Vellore District.

..Petitioner(s) Vs The State Rep By The Inspector of Police Gudiyatham All Women Police Station, Vellore District Crime No.4 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition is filed under 483 of BNSS Act, to enlarge the petitioner on bail in connection with crime No.4 of 2026 on the file of the respondent and thereby render justice. For Petitioner(s):

A.Vijaya Kumar D.Senthil V.Suresh For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.03.2026 for the alleged offence under Section 5 (j) (I) r/w. 6 of POCSO Act and Section 1337(2), 35(2) of BNS Act in Crime No.4 of 2026 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner under the guise of picking up the defacto complainant's daughter, who is an intellectual disabled person aged about 16 years, had attempted penetrative sexual assault. 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 there was an acquaintance between the petitioner and the victim's family,

further considering the age of the petitioner and the age of the victim 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 Gudiyatham All Women Police Station, Vellore District Crime No.4 of 2026 2.The Public Prosecutor High Court of Madras.

L.VICTORIA GOWRI, J.

MTL 06-05-2026