Kanhu Charan Behera v. State Rep By, the Inspector of Police

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

18.09.2025 for the alleged offence under Sections 5(1)(i) r/w 6 of POCSO Act, Page2 of 4 2012 and under Sections 366, 376(3) of IPC in Crime No. 648 of 2020 on the file of the respondent police, seeks bail.

¶2The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 18.09.2025 for the offence under Sections 5(1)(i) r/w 6 of POCSO Act, 2012 and under Sections 366, 376(3) of IPC. Though, this court has earlier dismissed the application, since the dismissal of the application, there is no progress in the trial in Spl.SC.No.81 of 2020 before the learned Court of Sessions, Magalir Nedhimandram, (Fast Track Mahila Cout), Tiruppur.

¶3Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the FIR is of the year 2020 and NBW has been issued on

17.09.2025 and that the petitioner was arrested and remanded to judicial custody on 18.09.2025. He further submitted the statement of the victim recorded under Section 183 of BNS. Hence, he opposed the grant of bail to the Petitioner.

¶4I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 4

¶5Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), it is seen that it is a case of sexual assault. While perusing the statement recorded under Section 183 of BNSS, there are serious allegations against the petitioner. Considering the petitioner's long absence since 2025, no progress has been made in the criminal trial. In such view of the position, as rightly pointed out by the learned Government Advocate (Crl.Side) if the petitioner is enlarged on bail, there is every likelihood of further delay in trial and there will be difficulty to bring the accused to proceed with the trial. In view of the above, this Criminal Original Petition is dismissed. 13-07-2026 DRL To

1.The Inspector of Police Komaralingam Police Station, Tiruppur District.

2.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o18000oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o18000oofo2026 13-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kanhu Charan Behera S/o. Rathahari Behera, Talaoada, Dhamnagar Block Colony, Bhadrak, Odisha. Now residing at Siddharth Tex, No.2/878 Main Street, Vadugapalayam Pudur, Palladam 641664. Tiruppur District. ..Petitioner(s) Vs State Rep By, The Inspector of Police Komaralingam Police Station, Tiruppur District. Crime No.648 of 2020 ..Respondent(s) PRAYER: Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Spl SC No.81 of 2025 on the file of the Court of Sessions, Magalir Needhimandram (Fast Track Mahila Court) Tiruppur in connection with Crime No.648 of 2020 on the file of the respondent and thus render justice. For Petitioner(s): Mr. C.S.Saravanan For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )