Kuppusamy @ Kuppaiah v. State Rep By The Inpsector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.31164 of 2025 Kuppusamy @ Kuppaiah ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, All Women Police Station, Kageyyam, Tiruppur District.

(Crime No.18 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 Special S.C. No.234 of 2025 on the file of the Court of Sessions, Magalir Neethimandram, (Fast Track Mahila Court), Tiruppur. For Petitioner(s) :

Mr. C.S. Saravanan 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 24.08.2025 in Special S.C. No.234 of 2025 on the file of the Court of Sessions, Magalir Neethimandram, (Fast Track Mahila Court), Tiruppur for the offences punishable under Section 351(2) of BNS and 5(l), 5(m), 5(n) r/w 6 of POCSO Act, 2012, seeks bail. 2.

The case of the prosecution is that, the petitioner herein is aged about 55 years and he is a relative to the victim child, aged about 8 years; that by taking advantage of the age of the victim child, the petitioner had committed aggravated penetrative sexual assault on the victim child; that when the mother of the victim child came to know about the occurrence, a complaint was lodged against the petitioner. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that on account of family dispute, a false complaint has been lodged against the petitioner herein and he is in judicial custody since 24.08.2025; that the 2/4

investigation of the case was completed and final report filed in Spl.S.C.No.234 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 child is aged about 8 years at the time of occurrence; that the petitioner had committed aggravated penetrative sexual assault on the victim child; that the trial is pending in Spl.S.C.No.234 of 2025 on the file of the Court of Sessions, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur. 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 child.

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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 child 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, All Women Police Station, Kageyyam, Tiruppur District.

(Crime No.18 of 2025)

2. The Public Prosecutor, High Court of Madras.

CRL OP NO.31164 of 2025 4/4