Kathiravan v. The State Represented By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kathiravan ..Petitioner Vs The State Represented by, The Sub Inspector of Police, Pallikonda Police Station, Vellore District, Tamil Nadu.

Crime No.96/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.96/2026 pending investigation on the file of the respondent police. For Petitioner:

Mr.E.Kannadasan For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.05.2026 for the alleged offences under Sections 329, 296(b), 351(2) of BNS 2023, r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, (Under Sections 441, 294(b), 506(ii) of I.P.C.) in Crime No.96 of 2026 on the file of the respondent police, seeks bail.

2. The prosecution's case are that the defacto complainant and her husband reside in a shed situated on their land. While they were there on 27.05.2026 at about 10:00 PM, one person trespassed into the shed, hugged her. When she raised an alarm, her husband arrived causing the person to flee. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner was remanded to judicial custody on 28.05.2026, that he is innocent and that he has not committed any offence as alleged by the defacto complainant. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. It is further submitted that the petitioner was brutally assaulted by the defacto complainant's family members and sustained bleeding injuries all over his body. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent strongly opposed the application on the ground that the petitioner has one previous case of rape registered against him and even in the present FIR, the allegations are similar in nature.

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

6. Considering the serious nature of the allegations and the fact that the petitioner has a previous case of rape registered against him, with the allegations in the present FIR being similar in nature, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, this Criminal Original Petition stands dismissed. 25-06-2026 NSL To

1. The Judicial Magistrate, (Additional Mahila Court) Vellore.

2. The Superintendent, Central Prison, Vellore.

3. The Sub Inspector of Police, Pallikonda Police Station, Vellore District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 25-06-2026