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

ORDER The petitioners, who were arrested and remanded to judicial custody on

05.04.2026 for the alleged offences under Sections 4(1), 5(I), 5(n), 5(j)(iii) of POCSO Act, 2012 @ into 3(a), 4(1), 5(I), 5(n), 5(j)(iii) r/w 6(1) of POCSO Act, 2012, in Crime No.134 of 2026 on the file of the respondent police, seeks bail. Page2 of 4

¶2The case of the prosecution is that the petitioners sexually harassed the victim boy and when the same came to the knowledge of the victim's family, the petitioners abused them in filthy language and threatened them with dire consequences. Hence the case was registered.

¶3The learned counsel for the petitioners, pleading innocence on the part of the petitioners, who have been in incarceration since 05.04.2026 and false implication in the case, seeks indulgence of this Court. He submits that the petitioners are an innocent person and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed to grant bail to the petitioners.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the statement recorded under Section 183(5) of BNSS contains serious allegations against the petitioners. It is further submitted that the victim is a minor and the allegations are grave in nature. Hence, he opposed to grant bail to the petitioners.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side. Page3 of 4

¶6This Court is of the view that upon perusal of the statement recorded under Section 183(5) of BNSS, serious allegations are made against the petitioners. As rightly contended by the learned Government Advocate (Crl.Side), if the petitioners are enlarged on bail, it may create fear and insecurity in the mind of the victim. Considering the nature of the allegations, this Court is not inclined to enlarge the petitioners on bail.

¶7Accordingly, this Criminal Original Petition stands dismissed. 01-06-2026 NSL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

¶1The learned Sessions Judge, Fast Track Mahila Court, Tiruvarur.

¶2The Inspector of Police, Peralam Police Station, Tiruvarur District.

¶3The Public Prosecutor, High Court of Madras. CRLoOPoNo.o11725oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o11725oofo2026 01-06-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Sivanesan 2. Ajay ..Petitioners Vs The State of Tamil Nadu, Rep. by The Inspector of Police, Peralam Police Station, Tiruvarur District. Crime No.134 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/accused on bail in Crime No.134 of 2026 pending investigation on the file of the respondent Peralam Police Station, Tiruvarur District. For Petitioners: Mr.D.Rajaboopathy For Respondent: Mr.N.Palanivel Government Advocate (Crl.Side)