Karthik v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thoothukudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.5253 of 2026 Karthik ... Petitioner / Accused No.1

Versus

The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Thoothukudi District.

(Crime No.10 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.10 of 2026 on the file of the respondent police.

For Petitioner :

Mr.S.Sundarapandian, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor 1/5

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 14.02.2026 in connection with Crime No.10 of 2026 on the file of the respondent police for the offences punishable under Sections 3(a), 4, 7, 8, 21(1), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012, seeks bail.

2. The case of the prosecution is that the petitioner is a van driver employed in the school where the victim was studying. It is alleged that he developed a relationship with the victim and subsequently committed aggravated penetrative sexual assault on her. Apart from the said allegations, it is further stated in the FIR that the victim's father had also subjected her to sexual assault, and that the same was opposed by the victim's mother. It is further alleged that another accused had also committed penetrative sexual assault on the victim. After following the due process of law, the respondent police registered the case against the four accused persons for the above said offences. 2/5

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner and the victim were in a consensual relationship. Hence, he prayed for the grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the accused persons had committed sexual assault on the victim girl on various occasions. He further submitted that Accused No.3 is still absconding and that the investigation is still pending. He further submitted that if the petitioner is released on bail, he may abscond and threaten the victim. Hence, he strongly opposed the grant of bail to the petitioner.

5. This Court heard the learned counsel appearing on either side and perused the materials placed on record including the statement recorded from the victim under Section 183 of the BNSS, 2023. 3/5

6. Considering the serious nature of the allegations, particularly that the petitioner is alleged to have committed aggravated penetrative sexual assault, and also taking into account that Accused No.3 is absconding, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 12.03.2026 pal To 1.The Inspector of Police, All Women Police Station, Thoothukudi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN ,J.

pal

ORDER

IN CRL OP(MD) No.5253 of 2026 Date : 12.03.2026 5/5