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2026 DAILYLAW 52023 (MAD)

Sivanesan v. The State Rep By, The Inspector of Police

CRL OP/18012/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18012 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18012 of 2026 1. Sivanesan S/o Vishwanathan, Kaliyamman Kovil Street, Mananadhankudi Kadalakudi, Nannikalam Taluk, Tiruvarur. 2. Ajay S/o Bala, Kaliyamman Kovil Street, Mananadhankudi Kadalakudi, Nannikalam Taluk, Tiruvarur. ..Petitioner(s) Vs The State Rep By, The Inspector of Police Peralam Police Station, Tiruvarur District.n Crime No.134 of 2026 ..Respondent(s) PRAYER: Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.134 of 2026 pending investigation on the file of the respondent police. For Petitioner(s): Mr. Lenin K For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE ) ORDER The petitioner, who was arrested and remanded to judicial custody on https://www.mhc.tn.gov.in/judis CRL OP No. 18012 of 2026 __________ Page2 of 4 05.04.2026 for the alleged offence under Sections 3(a), 4(1), 5(j)(iii), 5(1), 5(n) r/w Section 6(1) of POCSO Act, in Crime No.134 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner had committed aggravated penetrative sexual assault upon the victim girl. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted the statement of the victim recorded under Section 183 of BNS. He further submitted that the age of the first petitioner is 27 years, the age of the second petitioner is 21 years and the age of the victim is 17 years, respectively. Hence, he opposed the grant of bail to the Petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 18012 of 2026 __________ Page3 of 4 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and on perusal of the 183 statement recorded under BNSS, there are serious allegations of penetrative sexual assault against the petitioner. Considering the age of the petitioner and the allegation against him, this Court is of the firm view that it is not appropriate to enlarge the petitioner on bail. 7. Accordingly, this Criminal Original Petition stands dismissed. 13-07-2026 DRL To 1.The Inspector of Police Peralam Police Station, Tiruvarur. 2.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18012 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. DRL CRL OP No. 18012 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis