Kaviyarasan v. The State Rep By Its, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.26376 of 2025 Kaviyarasan ... Petitioners Vs.

The State rep by its The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

... Respondent (Crime No.453 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Cr.No.453 of 2025, on the file of the respondent police.

For Petitioner :

Mr.R.Raji For Respondent :

Mr.S.Udaya Kumar Government Advocate (Crl.side) 1/5

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 96 BNS, 2023 r/w Sections 5(1) and 6 of Protection of Child from Sexual Offences Act, 2012 in Cr.No.453 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he developed contact with the victim girl through Instagram and, subsequently, on 24.07.2025, took her under the pretext of going to a temple, but instead took her to a secluded house, where he forcibly committed aggravated penetrative sexual assault on her repeatedly. Hence, the present case. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the complaint itself is false, as it has been stated that the victim girl returned home as early as on 26.07.2025, but the same has been suppressed, and a false complaint has been lodged. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that the the said allegations was also reflected in the statement recorded from the victim 2/5

girl, to that effect, he produced the statement of the victim girl recorded by the learned Judicial Magistrate. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record including FIR, other documents and Statement of the victim girl.

6. I have gone through the FIR and Statement of the victim girl, reveals that the petitioner took her under the pretext of going to a temple, but took her to a secluded house, where he forcibly committed aggravated penetrative sexual assault on her repeatedly

7. Considering the nature of allegations, the statement revealed the very serious conduct of the petitioner causing penetrative aggravated penetrative sexual assault on the victim girl repeatedly, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. 25.09.2025 Vv 3/5

To

1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Kallakurichi.

2. The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras, Chennai.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.26376 of 2025 25.09.2025 5/5