Sebasthiyaraj v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Sebasthiyaraj ... Petitioner/Accused Vs.

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

Crime No.23 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.23 of 2025 on the file of the respondent. For Petitioner : Mr.T.Muruganantham For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.07.2025 for the alleged offences punishable under Sections 5(1), 5(j) (ii), 5(n) r/w 6 of POCSO Act, in Crime No.23 of 2025 on the file of the respondent police, seeks bail.

2. The petitioner has committed penetrative sexual assault on the victim girl aged about 16 years and subsequently based on the complaint lodged by the family members, the First Information Report registered and the petitioner was arrested.

3. The learned counsel for the petitioner submitted that he has not committed any offence and a false complaint has been lodged due to previous enmity between the parties.

4. The learned Government Advocate(Crl.Side) appearing for the respondent police reported that victim girl's statement under Section 164 of Cr.P.C., recorded and the investigation is pending. It is also stated that the 2/4

petitioner continuously exploited and committed sexual assault for longer period and it was revealed to family members and FIR was registered and the petitioner was arrested.

5. Considering the fact that the petitioner being relative of victim girl, taking advantage of her loneliness, committed penetrative sexual assault several time and the fact that the investigation in this case pending, and if bail is granted it would result in hampering the investigation, hence, I am not inclined to grant bail.

6. Accordingly, this Criminal Original Petition stands dismissed. 25.09.2025 dna 3/4

K.RAJASEKAR , J.

dna To 1.The Judicial Magistrate, Nannilam.

2. The Inspector of Police, All Women Police Station, Nannilam, Thiruvarur District.

3.The District Prison, Tiruvarur.

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

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