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Madras High CourtCRL OP(MD)/19025/2025dismissed

Sukumar v. The State Of Tamilnadu Rep By

2025-10-31Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.19025 of 2025 Sukumar ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep., by the Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

(Crime No.23 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.23 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.07.2025 for the offences punishable under Sections 5(l), 5(j)(ii), 5(n) r/w 6 of POCSO Act, and Section 351(3) of BNS, in Crime No.23 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl is 14 years old and she is studying 10th standard. The petitioner is the uncle of the victim girl. It is alleged that from the month of December, 2024, the petitioner had committed the aggravated penetrative sexual assault on the victim girl and consequently, she became pregnant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 27.07.2025. Hence, he seeks bail to the petitioner. 2/4

4. The learned Government Advocate (Crl. Side) produced the 164 statement recorded from the victim girl. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and after reading the 164 statement of the victim girl, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

31.10.2025 PJL To

1. The Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, Thoothukudi District.

2. The Superintendent, District Jail, Perurani, Thoothukudi District.

3. The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

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S.SRIMATHY,J.

PJL

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

ORDER

IN CRL OP(MD) No.19025 of 2025 Date : 31.10.2025 4/4