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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Vijayakumar, S/o.Vinayagam ..Petitioner/Accused Vs The State Rep.by, The Inspector of Police, Vandavasi All Women Police Station (AWPS), Tiruvannamalai District.

Cr.No.22 of 2025.

..Respondent / Complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail in Spl.S.C.No. 187 of 2025 on the file of the Special Court under POCSO Act, Tiruvannamalai in Crime No.22 of 2025 pending investigation on the file of the respondent.

For Petitioner:

Mr.Sathiyaraj E.

For Respondent:

Mr.L.Baskaran, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner / accused was arrested and remanded to judicial custody on 18.05.2025 for the alleged offences punishable under Sections 87, 64(2)(m) of BNSS Act, 2023 and Sections 5(l), 5(j)(ii), 6(1) of POCSO Act in Spl.S.C.No.187 of 2025 in Crime No.22 of 2025 on the file of the respondent police.

3. The case of the prosecution is that the petitioner had committed aggravated penetrative sexual assault on the victim girl aged about 16 years, due to which, the victim became pregnant. Hence this case.

4. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been in judicial custody since 18.05.2025. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent police, submits that the petitioner being a married man, was well aware of his position and yet sexually assaulted a minor, resulting in her pregnancy. It was further submitted that the DNA test result is positive and that, if enlarged on bail, there is every possibility of the petitioner tampering with witnesses. Accordingly, he prays for the dismissal of this petition.

6. Heard on both sides. This Court has perused the records.

7. This is the seventh bail application. This Court already dismissed the bail applications filed by the petitioner on several occasions. This Court find no change in circumstances to enlarge the petitioner on bail. Since the petitioner had committed very serious and heinous offence as against the victim girl, that apart, the victim girl now delivered a baby and the DNA test report also confirmed the fact that the petitioner is the biological father of the child, this Court is not inclined to enlarge the petitioner on bail.

8. Accordingly, this Criminal Original Petition is dismissed. 20-05-2026 RNA

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Special Court under POCSO Act, Tiruvannamalai.

2. The Inspector of Police, Vandavasi All Women Police Station (AWPS), Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL, J.

RNA 20-05-2026