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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Saravanan ... Petitioner/A1 Vs.

The State Rep by The Inspector of Police, Vellore All Women Police Station, Vellore District.

(Crime No.20 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.20 of 2024 on the file of the respondent police. For Petitioner : Mr.M.Karthik For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.08.2024 for the alleged offences punishable under Sections 5(l), 5(m), 5(n) r/w 6(1) of POCSO Act, 2012 in Crime No.20 of 2024 on the file of the respondent police, seeks bail.

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2.The petitioner was arrested on 01.08.2024 for committing aggravated sexual assault on his daughter, aged about 13 years. A2 was in live in relationship with A1/petitioner and she has aided the petitioner. After the arrest of the petitioner, the case is pending trial in Spl.S.C.No.107 of 2024. The petitioner moved bail application before the trial Court during March, 2025. The trial Court had recorded that the petitioner after engaging a counsel avoided further proceedings by non co-operation. 3.The learned counsel for the petitioner submitted that the petitioner is in custody for a long period and he will cooperate with the investigation and hence, prays to grant bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and strongly opposed to grant bail to the petitioner.

5.It is true that the case is now pending for trial in Spl.S.C.No.107 of 2024 and the petitioner is in custody for a long period. The manner, in which 2/4

the petitioner is conducting trial before the trial Court, is not appreciable and it shows that the petitioner is not co-operating for the trial, which resulted in dismissal of the bail petition by the trial Court. This being the reasons, this Court is of the view that the petitioner could not be granted bail unless he come forward to cooperate with the trial of the case. 6.Hence, the Criminal Original Petition is dismissed. 19.09.2025 rsi To 1.The Inspector of Police, Vellore All Women Police Station, Vellore District.

2.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR, J.

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