Kathir @ Kathirvelu v. The State Rep By, The Inspector of Police
CRL OP/18883/2026 · 2026-07-17
G K Ilanthiraiyan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52576 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52576 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 18883 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 18883 of 2026 Kathir @ Kathirvelu ..Petitioner Vs State rep. by, The Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District, Crime No.158 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail pending investigation in Crime No.158 of 2026 on the file of the Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District. For Petitioner: Mr.G.Vinodhkumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)
ORDER The petitioner, who was arrested and remanded to judicial custody on 08.05.2026 for the alleged offences under Sections 137(2) and 65(2) of BNS Act, 2023 and Section 5(l), 5(j)(ii) r/w 6 of POCSO Act, 2012, in Crime No.158 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 18883 of 2026 __________ Page2 of 4
2. The case of the prosecution is that the petitioner, who is aged about 34, years, had committed penetrative sexual assault on the minor victim girl, as a result of which, the victim became pregnant. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that statement of the victim under Section 164 of Cr.P.C has been recorded.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side.
6. On perusal of the statement recorded under Section 164 of the Cr.P.C., the minor victim girl revealed that she is only 13 years of age. It is stated that when the victim went to relieve herself, the petitioner committed penetrative sexual assault upon her. The petitioner is 34 years of age and is a married man. https://www.mhc.tn.gov.in/judis
CRL OP No. 18883 of 2026 __________ Page3 of 4 Therefore, the petitioner has committed a offence against a minor child, which has further resulted in the pregnancy of the victim. In view of the grave and serious nature of the allegations, this Court is not inclined to grant bail to the Petitioner.
7. Accordingly, this Criminal Original Petition stands dismissed. 17-07-2026 NSL To
1. The Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District.
2. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 18883 of 2026 __________ Page4 of 4 G.K.ILANTHIRAIYAN, J. NSL CRL OP No. 18883 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis