CRL OP No. 20237 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20237 of 2026 Vijayakumar ..Petitioner Vs The State Rep. by The Inspector of Police, Gudiyatham All Women Police Station, Vellore District. Crime No.4 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on all in connection with Crime No.4 of 2026 on the file of the Respondent. For Petitioner: Mr.A.Vijaya Kumar 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 10.03.2026 for the alleged offences under Sections 5 (j)(i) r/w 6 of POCSO Act and Section 137(2), 351(2) of BNS Act in Crime No.4 of 2026 on the file of the respondent police, seeks bail. 2. The allegation is that the petitioner under the guise of picking up the defacto complainant’s daughter, who is an intellectual disabled person aged https://www.mhc.tn.gov.in/judis CRL OP No. 20237 of 2026 __________ Page2 of 4 about 16 years, had attempted penetrative sexual assault on her. Hence, this case. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 10.03.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the statement of the victim under section 183 of BNSS has been recorded. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. On perusing the statement recorded under Section 183 of the BNSS, this Court finds serious allegations of penetrative sexual assault committed against the victim, who is aged about 16 years, while the petitioner is aged about 23 years. According to the prosecution, the victim is mentally retarded. Though the charge sheet has now been filed, considering the serious nature of https://www.mhc.tn.gov.in/judis CRL OP No. 20237 of 2026 __________ Page3 of 4 the allegations, this Court is not inclined to enlarge the petitioner on bail. 7. Accordingly, this Criminal Original Petition stands dismissed. 28-07-2026 NSL To 1. The Inspector of Police, Gudiyatham All Women Police Station, Vellore District. 2. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 20237 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. NSL CRL OP No. 20237 of 2026 28-07-2026 https://www.mhc.tn.gov.in/judis