S.Sandhiya v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.34468 of 2025 S. Sandhiya ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, W-5, AWPS- Selaiyur Police Station, Chengalpattu District.

(Crime No.41 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.41 of 2025 on the file of the respondent police. For Petitioner(s) :

M/s. N. Premalatha For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.11.2025 for the offences punishable under Sections 5(1), 5(m), 6, 9(I), 9(m), 10 of POCSO Act, 2012 and Section 75 and 77 of JJ Act, 2015 in Crime No.41 of 2025 registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that there are totally three victims in this case and while the defacto complainant, who is the mother of the victim girls was undergoing treatment at Government Hospital, she and her daughters got acquaintance with A2 in this case and under the guise of helping the victim's mother, she induced her daughters and took them to her house and one of the victim child was taken by the petitioner herein and the victim children stayed with the accused for some period; that whileso, it is alleged that the petitioner herein and other accused had committed sexual assault and cruelty on the victim girls; that thereafter, the defacto complainant lodged a complaint with the child helpline and with their help, the victim children were rescued; and that subsequently, the petitioner herein and other accused were arrested. Hence, this case. 2/4

3.

The learned counsel appearing for the petitioner submitted that the petitioner herein is a transgender and she has been falsely implicated in this case and in judicial custody since 15.11.2025; that the petitioner had not committed any sexual harassment on the victims; and that the petitioner is ready to abide by any condition that may be imposed by this Court, hence prays to grant 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 there are totally seven accused involved in this case and the petitioner herein is arrayed as A3; that the co-accused in this case have committed penetrative sexual assault on some of the victims in this case; that the petitioner herein is also alleged to have committed sexual assault on one of the victim child; that all the accused in this case were arrested; and that the investigation of this case is pending. K. RAJASEKAR, J.

stn 5.

Considering the submissions made on both sides, grave nature 3/4

of offence, taking note of the fact that all the accused involved in this case were arrested and the investigation of this case is pending and if the petitioner is released on bail, there is possibility of hampering the investigation process, hence this Court is not inclined to grant bail to the petitioner.

6.

Accordingly, this criminal original petition stands dismissed. 17.12.2025 stn To

1. The Inspector of Police, W-5, AWPS- Selaiyur Police Station, Chengalpattu District.

(Crime No.41 of 2025)

2. The Public Prosecutor, High Court of Madras.

CRL OP NO.34468 of 2025 4/4