Subash@Subothkumar v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Subash @ Subothkumar ..Petitioner Vs State represented by The Inspector of Police, AWPS South Police Station, Coimbatore City.

(Crime No.10 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in Crime No.10 of 2026 on the file of the respondent police registered for the offences under Sections 5(1), 5(m), 5(n), r/w 6 of POCSO Act, 2012 and Sections 127(3), 65(2) of BNS, pending investigation/ Trial. For Petitioner:

Mr.S.Azhaguvel For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.03.2026 for the alleged offences under Sections 5(1), 5(m), 5(n), r/w 6 of POCSO Act, 2012 and Sections 127(3), 65(2) of BNS, 2023 in Crime No.10 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 15.02.2019, taking advantage of the absence of the victim's mother, the petitioner, who is the father of the victim girl, allegedly subjected the victim to sexual assault. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that due to matrimonial disputes between the petitioner and his wife, a false complaint has been lodged by using the daughter. It is further submitted that only at the instance of the petitioner's wife, the present complaint came to be filed. Hence, he prayed for bail to the petitioner.

4. The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent submitted that there are serious allegations against the petitioner. Hence, he opposed to grant bail to the petitioner.

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

6. This Court is of the view that the allegations against the petitioner are grave and serious in nature. Considering the seriousness of the allegation, this Court is of the firm view that it is not desirable to enlarge the petitioner on bail at this stage.

7. Accordingly, this Criminal Original Petition stands dismissed. 05-06-2026 Index: Yes/No Speaking/Non-speaking order NSL To

1. The Inspector of Police, AWPS South Police Station, Coimbatore City.

2. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 05-06-2026