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Madras High CourtCRL OP/15796/2026dismissed

Poovarasan v. State Represented By

2026-06-23Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Poovarasan ..Petitioner Vs State Represented by The Superintendent of Police, All Women Police Station, Thiruvannamalai Rural, Thiruvannamalai District.

..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.21/2026 (on the file of the respondent police) and thus render justice. For Petitioner:

Mr.T.Shanmugam 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 30.04.2026 for the alleged offence under Sections 62, 64(1), 75(1)(i), 75(2), 351(3) BNS and Sections 5(l), 5(n), 6(l), 7 r/w 8 of POCSO Act 2012 in Crime No.21 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner kidnapped the de facto complainant to his house and committed sexual assault and threatened her. Hence, the case.

3. The learned counsel for the petitioner submitted that there was previous enmity between the petitioner and the de facto complainant. In furtherance of which, the present complaint came to be filed and the petitioner has been incarcerated since 30.04.2026. He further submitted that the petitioner has been falsely implicated in the present case and that she has not committed any offence as alleged by the prosecution. 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 Government counsel (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted the 183 statement of the victim. Hence, he prays for 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 facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), on perusal of

the statement, there is serious allegation against this petitioner and forcible sexual assault has been committed against the petitioner. In such view of the submission, it is not desirable to consider the bail application. Hence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 23-06-2026 SHL To:

1. The Sessions Judge, Special Court for POCSO Cases, Tiruvannamalai.

2. The Superintendent of Police, All Women Police Station, Thiruvannamalai Rural, Thiruvannamalai District.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 23-06-2026