In a bail application under CNSS 2023 for alleged POCSO and BNS offences, the High Court of Madras declined to enlarge the petitioner on bail due to the grave and serious nature of the charges involving sexual assault of a minor.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP No. 13522 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 13522 of 2026
Subash @ Subothkumar
..Petitioner
Vs
State represented by The Inspector of Police, AWPS South Police Station, Coimbatore City. (Crime No.10 of 2026)
..Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in Crime No.10 of 2026 on the file of the respondent police registered for the offences under Sections 5(1), 5(m), 5(n), r/w 6 of POCSO Act, 2012 and Sections 127(3), 65(2) of BNS, pending investigation/ Trial.
For Petitioner: Mr.S.Azhaguvel For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 11.03.2026 for the alleged offences under Sections 5(1), 5(m), 5(n), r/w 6 of
POCSO Act, 2012 and Sections 127(3), 65(2) of BNS, 2023 in Crime No.10 of 2026 on the file of the respondent police, seeks bail.
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CRL OP No. 13522 of 2026
the absence of the victim's mother, the petitioner, who is the father of the victim girl, allegedly subjected the victim to sexual assault. Hence, the case was registered.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
grave and serious in nature. Considering the seriousness of the allegation, this Court is of the firm view that it is not desirable to enlarge the petitioner on bail at this stage.
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CRL OP No. 13522 of 2026
05-06-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
NSL
To
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CRL OP No. 13522 of 2026
C.KUMARAPPAN, J.
NSL
CRL OP No. 13522 of 2026
05-06-2026
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2 issues framed by the court
Whether the petitioner should be enlarged on bail considering the grave and serious allegations against him.
Whether a false complaint lodged by the wife using the daughter as an instrument warrants bail for the accused father of the victim.
3 provisions across 3 enactments
Subash @ Subothkumar
State represented by The Inspector of Police, AWPS South Police Station, Coimbatore City
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
