Crl.O.P.No.18604 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.07.2025 CORAM THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18604 of 2025 Murthy ... Petitioner Vs The State represented by The Inspector of Police, All Women Police Station, Pattabiram, Tiruvallur District. (Crime No.6 of 2025) ... 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.6 of 2025 pending investigation on the file of the respondent police. For petitioner : Mr.G.Ilamurugu For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18604 of 2025 ORDER The petitioner, who was arrested and remanded to judicial custody on 01.05.2025, for the offences punishable under Sections 5(m), 5(n) and 5(j)(ii) r/w. 6 of POCSO Act, 2012 in connection with Crime No.6 of 2025, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that on 17.04.2025, the petitioner who is the grandfather of the victim aged about 6 years had sexually assaulted the victim by removing her undergarments and inserting his fingers into her private parts. Hence, the case. 3.The contention of the learned counsel for petitioner is that the petitioner is the grandfather of the victim child and he is residing in the ground floor along with this wife and the younger son whereas the defacto complainant and her daughter are residing in the first floor of the same property. He would submit that there is a property dispute, due to which the petitioner was falsely implicated in this case. He would further submit that on the date of alleged occurrence, the victim child was playing normally Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18604 of 2025 around the house and continued to remain healthy even on the next day as evidenced from the CCTV footage. He further submitted that after a delay of 10 days, medical examination was conducted and a complaint was lodged. Hence, prayed for bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner is the grandfather of the victim child aged about 6 years. On 17.04.2025 the petitioner had sexually assaulted the victim child by removing her undergarments and inserting his fingers into her private parts. When the child was taken to hospital on 28.04.2025 due to vaginal discharge, a wound was found. On enquiry, the victim child disclosed the incident to her mother and complaint was lodged. Hence, strongly opposed for granting bail to the petitioner. 5.Considering the submissions made on either side and on perusal of the material, it is seen that the victim girl in her 164 Cr.P.C. statement narrated the sequence of events and had stated that the petitioner had inserted his fingers in her private parts. When the victim fell sick, she was taken to the hospital where the Doctor examined and the wound was found, Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18604 of 2025 upon enquiry, the victim girl disclosed about the petitioner’s act to her mother. Hence, this Court is not inclined to grant bail to the petitioner at this stage. 6.Accordingly, the Criminal Original Petition stands dismissed. 01.07.2025 cse Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18604 of 2025 To: 1.The Inspector of Police, All Women Police Station, Pattabiram, Tiruvallur District. 2.The Public Prosecutor, High Court Madras. Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18604 of 2025 M.NIRMAL KUMAR, J. cse Crl.O.P.No.18604 of 2025 01.07.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis