← Library
Madras High CourtCRL OP/13644/2026dismissed

Prabu .D v. State Rep.By, Inspector Of Police,

2026-06-08Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prabhu ..Petitioner Vs State rep.by, The Inspector of Police, All Women Police Station, Gobichettipalayam, Erode District.

Crime No.7 of 2025 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending trial of the case in the S.C.No.20 of 2026 on the file of the learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Erode For Petitioner:

Mr.S.Selvakumar For Respondent:

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.05.2025 for the alleged offence under Section 5(l), 5(j)(ii) and 6 of

Protection of Children from Sexual Offences (POCSO) Act, 2012 in Crime No.7 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner committed penetrative sexual assault upon the victim girl. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner was remanded in judicial custody on 16.05.2025 and has been incarcerated for more than a year. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner is the biological father of the victim and by his abhorrent act, the victim who is none other than his daughter has become pregnant. He further submitted that trial is yet to be begin. Hence, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the seriousness of the allegation and the relationship between the petitioner and the victim girl, as rightly contended by the learned counsel for Government of Tamil Nadu, if the petitioner is enlarged on bail, there is every likelihood of causing fear in the mind of the victim. Hence, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, this Criminal Original Petition is dismissed. 08-06-2026 SHL To:

1. The Sessions Judge, Magalir Neethi Mandram Fast Track Mahila Court, Erode.

2. The Inspector of Police, All Women Police Station, Gobichettipalayam, Erode District.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 08-06-2026