Periyar Selvan v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.12.2025 Coram:

THE HONOURABLE MR.JUSTICE K.RAJASEKAR --- Periyar Selvan, S/o Arumugam .. Petitioner Vs.

State, The Inspector of Police, AWPS, Perambalur (Crime No.55 of 2025) .. Respondent Criminal Original Petition filed under Section 483 of the BNSS, praying to enlarge the petitioner on bail in Crime No.55 of 2025 pending investigation on the file of the respondent-Police.

For petitioner : M/s.S.Vellidoss For respondent: M/s.A.Gopinath, Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.10.2025 for the alleged offences under Sections 64, 78 and 351(2) of BNS, 2023 in Crime No. 55 of 2025 on the file of the respondent police, seeks bail. 1 / 4

2.The allegation against the petitioner is that he was working as a ward boy in the Government Hospital. When the victim was admitted to the hospital, taking advantage of the victim's precarious condition, the petitioner sexually assaulted her. Hence, the complaint was lodged and the petitioner was arrested on 29.10.2025.

3. The learned Counsel for the petitioner submits that the petitioner was arrested and remanded to judicial custody from 29.10.2025 and he has not committed any offence as alleged by the prosecution and there was not stated in the FIR and therefore, the petitioner is ready to abide by any condition imposed by this Court. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submits that the petitioner was engaged as a temporary ward boy in the Government Hospital and when she was taking treatment, the petitioner sexually assaulted her and also used various kinds of protection to make her believe that he would assist her; and though it is stated that the petitioner has no previous case. He further submits that 164 of CrPC statement of the victim was also recorded.

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5.Considering the nature of allegations, gravity of offence and investigation is not concluded; that 164 CrPC statement of the victim was also recorded; if bail is granted to the petitioner he would indulge in similar offences in future, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 09.12.2025 MSM To

1. The Inspector of Police, AWPS, Perambalur (Crime No.55 of 2025).

2. The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate, Perambalur.

4. The Superintendent, Sub-Jail, Perambalur.

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K.RAJASEKAR, J msm 09.12.2025 4 / 4