Sathiyaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2025
CORAM:
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Sathiyaraj ... Petitioner
Versus
State Rep. by The Inspector of Police, Tirupattur All Women Police Station, Tirupattur, Tirupathur District.
(Crime No.29 of 2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita,(BNSS), 2023, to enlarge the petitioner on bail in the event of his arrest in Crime.No.29 of 2025 pending on the file of the Inspector of Police, Tirupattur All Women Police Station, Tirupattur, Tirupathur District. For Petitioner : Mr. G. Vinodh Kumar For Respondent : Mr. S. Santhosh, Government Advocate (Criminal Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(n), 5(1), 5(j)(ii) and r/w Section 6 of the Protection of Children from Sexual Offences Act (POCSO) 2012, and under Section 9 of Prohibition of Child Marriage Act, 2006 in Crime No.29 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution is that the petitioner and the defacto complainant, who is a minor victim girl, aged about 14 years were in a love affair. During the said relationship, the petitioner is allegedly to have committed penetrative sexual assault on the victim girl, as a result of which, she became pregnant. Hence, this case. 3.
Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has no connection with the offence as alleged by the prosecution; and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be
imposed by this Court and also undertakes to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner had married the victim aged about 14 years, without the knowledge of anyone, and committed penetrative sexual assault upon her. It was further submitted that the victim girl is now pregnant and that her statement under Section 183 of BNSS has been recorded. He further submitted that the petitioner has no previous cases and that the investigation is still in progress. 5.
Considering the facts and circumstances of the case, the nature of allegations made against the petitioner, the submissions made by the learned counsel on either side, and taking note of the fact that the victim is aged about 14 years at the time of occurrence and that the petitioner is alleged to have committed a very serious offence of
penetrative sexual assault against the minor victim girl, this Court is not inclined to grant anticipatory bail to the petitioner. 6.
Accordingly, this Criminal Original Petition stands dismissed.
03.10.2025 klt Note:-
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.The learned Special Judge for Exclusive Trial of Cases under POCSO Act, Tirupattur.
2.The Inspector of Police, Tirupattur All Women Police Station, Tirupattur, Tirupathur District. (Crime No.29 of 2025) 3.The Public Prosecutor, High Court of Madras, Chennai - 104.
N.SENTHILKUMAR, J.
klt 03.10.2025