Sathish v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.31104 of 2025 Sathish ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, AWPS Palacode, Dharmapuri.

(Crime No.29 of 2025) ... Respondent PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Spl. S.C. No.267 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri District. For Petitioner(s) :

Mr. Durai. Gunasekaran For Respondent(s) :

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

ORDER

The petitioner herein, who was arrested and remanded to judicial custody on 12.08.2025 in Spl.S.C. No.267 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri District for the offences punishable under Section 87 of BNS and 5(l), 5(j)(ii), 6(1) of POCSO Act, seeks bail.

2.

The case of the prosecution is that, the petitioner herein, who is aged about 30 years got acquaintance with the victim girl, who is aged about 15 years and taken her to a lonely place and committed aggravated penetrative sexual assault on the victim girl in spite of her refusal; that thereby, the victim got pregnant and knowing about the pregnancy of the victim girl, the petitioner stopped contacting her; that thereafter, the family members of the victim girl came to know about her pregnancy and taken her to hospital; that subsequently, she was miscarriage. Hence, this case. 3.

The learned counsel appearing for the petitioner submitted that a false complaint has been lodged against the petitioner herein and he is in 2/4

judicial custody since 12.08.2025; that the investigation of the case was completed and final report filed in Spl.S.C.No.267 of 2025; and that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the victim girl is aged about 15 years at the time of occurrence; that the petitioner taking advantage of the age of the victim girl had committed aggravated penetrative sexual assault on the victim girl, thereby she got pregnant and subsequently aborted; that the trial is pending in Spl.S.C.No.267 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri District. 5.

I have considered the submissions made on both sides and perused the materials available on record, including the 183 BNSS statement of the victim girl.

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K. RAJASEKAR, J.

stn 6.

Considering facts and circumstances of the case, grave nature of offence, the 183 BNSS statement of the victim girl narrates various disturbing facts and if the petitioner is enlarged on bail, there is possibility of hampering of the trial process, hence this Court is not inclined to grant bail to the petitioner at this stage.

7.

Accordingly, this criminal original petition stands dismissed. 14.11.2025 stn To

1. The Inspector of Police, AWPS Palacode, Dharmapuri.

(Crime No.29 of 2025)

2. The Public Prosecutor, High Court of Madras.

CRL OP NO.31104 of 2025 4/4