Subramaniyan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Subramaniyan ... Petitioner -vsState Rep by, The Inspector of Police, All Women Police Station, Ariyalur, Ariyalur District.

(Crime No.61 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.61 of 2025 pending investigation on the respondent police.

For Petitioner :

Mr.R.Gokulakrishnan For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) **********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.08.2025, for the alleged offence punishable under Sections 5(l), 5(m), 6 of POCSO Act r/w Section 351(2) of BNS, in Crime No.61 of 2025, on the file of 1/4

the respondent police, seeks bail.

2. The allegation against this petitioner is that, he is running a petty shop near the house of the defacto complainant, the victim girl aged about 18 years, she went to the shop of the petitioner herein, this petitioner pulled her inside the shop and locked the door and committed penetrative sexual assault. At the same time, the family members who were searching her, she came to the shop and hearing the sound immediately, he open the door and allow to the victim girl out, after the medical examination the complaint was lodged.

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 victim girl is also appear before the Sessions Court and stated that she has not any objection for granting bail to the petitioner. He would further submit that the petitioner was arrested and he is in judicial custody from 19.08.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and submitted that immediately after the occurrence the victim girl was subjected to medical examination, only thereafter the FIR was registered, Hence, he strongly opposed for grant of bail to the petitioner.

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5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side, I have gone through the statements recorded from the victim girl and other connected records including the medical examination report it reveals the various facts, I am of the view the granting bail to the petitioner will hamper the investigation, hence and this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. 06.11.2025 rna To 1.The Inspector of Police, All Women Police Station, Ariyalur, Ariyalur District.

2.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J.

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