Arunkumar v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.28792 of 2025 Arunkumar ... Petitioner Vs.
State by Station House officer, All Women Police Station, Sirkazhi, Mayiladuthurai District.
... Respondent (Crime No.27 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest by the respondent police in the case pending investigation in Crime No.27 of 2025 on the file of the respondent police. For Petitioner : Mr.A.Pooraniputhiran For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6, 5(1), 8 and 7 of 1/5
Protection of Child from Sexual Offences Act, 2012 in Crime No.27 of 2025, on the file of the respondent Police, seek anticipatory bail.
2. This is the second anticipatory bail petition. The allegation against the petitioner is that he was involved in a sexual assault on the victim girl while she was alone. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submitted that there are no specific allegations against the petitioner regarding any sexual assault and that he has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any conditions imposed by this Court. Hence, he prayed that anticipatory bail may be granted to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that, though the major allegations are against another accused (A1) for committing penetrative sexual assault, insofar as this petitioner is 2/5
concerned, he is alleged to have committed sexual assault on the victim girl while she was alone. He further reported that the statement of the victim girl under Section 164 of BNSS Act, 2023, has been recorded before the learned Judicial Magistrate. He further submitted that this Court earlier dismissed the anticipatory bail petition in Crl Op No.26102 of 2025 dated 23.09.2025. Hence, he opposed the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the statement of the victim girl recorded under Section 164 of BNSS Act, 2023.
6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, and the specific allegations are made against the petitioner's involvement in the sexual assault on the victim girl, this Court is not inclined to grant anticipatory bail to the petitioner and there is no change in circumstances of the case, this Criminal Original Petition is dismissed.
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7. Accordingly, the Criminal Original Petition stands dismissed. 23.10.2025 gbi To
1. The Station House Officer AWPS-Sirkazhi, Mayiladuthurai District.
2.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
gbi Crl.O.P.No.28792 of 2025 23.10.2025 5/5