V.Karthikesan Vs The State Rep.by

Prayer: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, pleased to enlarge the petitioner on bail, in crime No. 13 of 2025 on the file of the respondent police and to pass such other or further orders as this Honble Court.

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For Petitioner(s): K.M.Subramanian

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For Respondent(s): Mr.A.Damodharan Additional Public Prosecutor

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on 20.07.2025 for the alleged offences under Sections 5(k), 5(I), 5(n) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), 2012 and under Sections 115(2) and 351(1) of Bharatiya Nyaya Sanhita, 2023,

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in Crime No.13 of 2025, on the file of the respondent police, seeks bail.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 11071 of 2026

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It is the case of the prosecution that the petitioner is the paternal uncle of the victim girl, who is aged 17 years; that taking advantage of her loneliness,

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the petitioner had committed penetrative sexual assault on her and threatened her of dire consequences. Hence, the case.

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The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been under incarceration since 20.07.2025. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and seeks for bail.

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The learned Additional Public Prosecutor appearing for the respondent police reiterated the prosecution case and would submit that the petitioner is a married man and is the paternal uncle of the victim girl. He would further submit that the statement of the victim girl under Section 183 of BNSS, 2023, was recorded and that investigation has been completed and final report has also been filed. The petitioner herein had already filed three bail applications before this Court which were all dismissed and thus, he would vehemently oppose for the grant of bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 11071 of 2026

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I have given my anxious consideration to either side submissions and

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perused the materials available on record.

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From the submissions made by the learned Additional Public

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Prosecutor, it is seen that the allegations made against the petitioner are serious in nature. Therefore, though considering the petitioner’s long incarceration since 20.07.2025 and taking into consideration the fact that this Court had dismissed the earlier bail petitions filed by the very same petitioner, if the petitioner is released on bail, it would definitely cause fear psychosis upon the minds of the victim. In such view of the matter, this Court is not inclined to grant bail to the petitioner.

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