Judgment · High Court

CRL OP NO.27758 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-10-2025CORAMTHE HONOURABLE MR.JUSTICE K.RAJASEKARCRL OP NO.27758 of 2025 Senthilkumar PetitionerVsThe State Rep. ByThe Sub Inspector of Police, Pudhupalayam Police Station, Pudhupalayam, Chengam Taluk, Tiruvannamalai District. (Crime No.121 of 2025) RespondentPRAYER : Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.121 of 2025 on the file of Pudhupalayam Police Station, Pudhupalayam, Chengam Taluk, Tiruvannamalai District. For Petitioner: Mr.A.SrinivasanFor Respondent: Mr.A.Gopinath Government Advocate (Crl.side)***********Page 1 of 5 https://www.mhc.tn.gov.in/judis CRL OP NO.27758 of 2025

O R D E RThe petitioner, who was arrested and remanded to judicial custody on 18.08.2025 by the respondent police in connection with Crime No.121 of 2025 for the offences punishable under Sections 62(2) (m) of BNS and Sections 5(1), 5(j)(ii) r/w 6(1) of POCSO Act, 2012 and Section 9 of Child Marriage Act, 2006 , seek bail.

The case of the prosecution is that the victim is a minor, and the accused, aged 48 years, is a married man residing in the same village. He approached the victim girl with bad intention, but she refused his advances. However, the accused continuously harassed her, and with sexual intent, he kidnapped the victim, took her to Coimbatore, married her, and committed aggravated penetrative sexual assault on her. Hence, the present case.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case. He further submitted that the petitioner has no connection with the alleged offence and therefore prayed for the grant of bail. Page 2 of 5 https://www.mhc.tn.gov.in/judis CRL OP NO.27758 of 20254.The learned Government Advocate (Crl.side) submitted that the petitioner was arrested on 18.08.2025, and the statement of the victim girl is also been recorded. He further submitted that the investigation is still at the initial stage, and if the accused is enlarged on bail, there is a possibility that he may commit a similar offence.

Considering the nature of the gravity of the offence and considering the investigation is still at the initial stage, this Court is not inclined to grant bail to the petitioner, as there is no change in the circumstances of the case.