Nithya v. The State, Rep by Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

15.01.2025 for the alleged offences under Sections 5(l)(m)(n) r/w 6, 11(i) r/w 12, 14(l)(2) of POCSO Act and Section 67 of (B)(b)(e) of IT Act in Crime No.2 of 2025 on the file of the respondent police, seeks bail. Page2 of 4

¶2The case of the prosecution is that A-1 and A-2 are husband and wife; the victim, examined as PW-4, is the child of A-1 and A-2 and the other victims are her friends. The accused, A-1 and A-2, allegedly induced the victim children to engage in sexual activities, while A-2 recorded photographs and videos of the acts. Both accused, A-1 and A-2, sent these photographs and videos to A-3, who had been introduced to them by A-4. These facts came to light when the defacto complainant purchased the mobile phone of A-1 and discovered the contents. Hence the case.

¶3The learned counsel for the petitioner submits 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 15.01.2025 and the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for the grant of bail.

¶4The 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 trial has now commenced.

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

¶6This Court has perused the forensic report as well as the deposition of LW-5. This is a case of a serious offence involving four victims, where the accused have committed aggravated penetrative sexual assault on the minor children and captured the acts on video. In view of the grave nature of the offence, this Court is not inclined to enlarge the petitioner on bail.

¶7Accordingly, this criminal original petition stands dismissed. 28-07-2026 NSL To

¶1The Inspector of Police, CCB, Egmore, Chennai.

¶2The Public Prosecutor, High Court of Madras. CRLoOPoNo.o17408oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o17408oofo2026 28-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Nithya ..Petitioner Vs The State, rep by Inspector of Police, CCB, Egmore, Chennai. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Spl.SC No.154 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act in Crime No.2 of 2025, on the file of Inspector of Police, CCB, Egmore, Chennai. For Petitioner: Mr.P.Syed Abdul Mashood For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)