Sivachandru v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Sivachandru ... Petitioner/Accused Vs The State of Tamilnadu Rep.By, The Inspector of Police, Thevaram Police Station, Theni District In Cr.No.238 of 2025.

... Respondent/Complainant For Petitioner : Mr.A.Arputharaj For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Bail in Crime No.238 of 2025 on the file of the respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.08.2025 for the offences punishable under Sections 87 of BNS, 2023, and Sections 5(i), 5(j)(ii) r/w. 6 of POCSO Act, 2012, in Crime No.238 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner committed penetrative sexual assault on the victim child on several occasions. Subsequently, the victim child 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 offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 28.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the 2/4

offences committed by the accused are serious in nature. Therefore, he opposed for grant of bail to the petitioner.

5. The prosecution submitted that earlier Act-14 was invoked. Today, it is reported that Act-14 has not been revoked. After perusing the statement recorded under Section 164 of Cr.P.C., it is seen that the petitioner committed the same offence one year earlier, which was not reported by the victim. After a lapse of one year, the petitioner again committed the same offence repeatedly, as a result of which the victim became pregnant. Since, the petitioner repeatedly committed sexual assault on the victim and also attempted to commite similar offence against other girls. Considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. (S S Y J) 06.01.2026 jbr 3/4

S.SRIMATHY,J jbr TO

1. The Inspector of Police, Thevaram Police Station, Theni District

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

ORDER

IN CRL OP(MD) No.22857 of 2025 Date : 06/01/2026 4/4