Saravanan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.30924 of 2025 Saravanan ... Petitioner -vsThe State rep by, The Inspector of Police, Tiruvannamalai Rural All Women Police Station. (Crime No.35 of 2025) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 483 of BNSS Act, 2023, pleased to enlarge the Petitioner on bail in connection with the case in Spl.S.C.No.199 of 2025 pending trial on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai.

For Petitioner :

Mr.S.Panneer Selvam For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ************ 1/4

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 11.06.2025 for the alleged offences punishable under Sections 64(2)(m), 64(2)(f) of BNS Act, 2023, Sections 5(l), 5(n), 5(j)(ii) r/w 6(1) of POCSO Act, 2012, in Crime No.35 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.11.2024, when the victim girl was sleeping in her room, the accused who is her own brother with a sexual intent forcibly removed her dress and gagged her mouth and forcibly committed penetrative sexual assault on the victim minor girl and he has committed repeated penetrative sexual assault on the victim minor girl and she became pregnant. When the victim girl was admitted in Tiruvannamalai Government Hospital, she gave a complaint statement. Hence, the 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 would further submit that the petitioner was arrested and he is in judicial custody from 11.06.2025 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.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the brother of the victim girl committed penetrative sexual assault and she became pregnant, investigation in this case is not completed, and he opposed for grant of bail to the petitioner.

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

6. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offences committed by the petitioner, the investigation is not yet completed and if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. 13.11.2025 rna To 1.The Inspector of Police, Tiruvannamalai Rural All Women Police Station. 2.The Public Prosecutor, High Court, Madras 3/4

T.V.THAMILSELVI, J.

rna Crl.O.P.No.30924 of 2025 13.11.2025 4/4