Nagaraj v. State of Tamilnadu Rep by Inspector of Police, Andipatti-Awps

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.8699 of 2026 Nagaraj ... Petitioner / Sole Accused Vs. The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Andipatti, Theni District. (Crime No.5 of 2026) ... Respondent / Complainant PRAYER :- Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.5 of 2026 on the file of the respondent police. For Petitioner : Mr.N.Pragalathan

For Respondent : Mr.E.Antony Sahaya Prabahar,

Additional Public Prosecutor ORDER : The Court made the following order :-

The petitioner, who was arrested and remanded to judicial custody on 25.02.2026 for the offences punishable under Sections 127(2) and 115(2) of the BNS, 2023 and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012, in Crime No.5 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the victim girl, aged about 15 years, was, on 22.01.2025, on her way to school when the petitioner expressed his love to her. However, the victim reprimanded him. Thereafter, on 08.01.2026, when the victim was near the house of one Guruvammal, the petitioner allegedly attacked her and committed penetrative sexual assault. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner has been in judicial custody from 25.02.2026. He further submitted that the petitioner has no previous cases. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Additional Public Prosecutor submitted that the victim, aged about 15 years and studying in the 10th Standard, was suffering from certain health ailments, and that the accused had assaulted her and had sexual intercourse with her while she was unconscious. He further submitted that the offences committed by the accused are grave in nature and, therefore, opposed the grant of bail to the petitioner.

¶5This Court has heard the learned counsel on both sides and perused the materials placed on record, including the statement of the victim girl recorded under Section 183(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶6Taking into consideration the facts and circumstances of the case, the manner in which the offences are alleged to have been committed, and also considering the statement of the victim girl, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

(S S Y J)

06.05.2026 pal To

1.The Inspector of Police, All Women Police Station, Andipatti, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J. pal ORDER IN CRL OP(MD) No.8699 of 2026 Date : 06.05.2026