Mohan Babu v. State Represented by

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

29.11.2025 for the offences punishable under Section 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.577 of 2025, registered on the file of the respondent police, seeks bail.

¶2The allegation against the petitioner is that he waylaid the defacto complainant on her way to school, suddenly pressed her breast and committed sexual assault on her. Thereafter, she went to school and informed her school teacher, pursuant to which a complaint was lodged and the petitioner was arrested.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case; that the petitioner is in judicial custody since 29.11.2025 and that he is ready to cooperate with the trial process. Hence, he prays to grant bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner was arrested and that the investigation in this case is pending.

¶4Heard both sides and perused the materials available on record.

¶5Considering the nature of the allegations, the period of incarceration of the petitioner from 29.11.2025 and it is not the case of penetrative sexual assault, this Court is inclined to grant bail to the petitioner with the certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned POCSO Court, Tiruvallur and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

02.02.2026 drl 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

1.The POCSO Court, Thiruvallur.

2.The Inspector of Police, Tirutani Police Station, Tiruvallur District.

3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J. drl Crl.O.P.No.2259 of 2026

02.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2026 CORAM : THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2259 of 2026 Mohan Babu ... Petitioner -vs- State Rep by, The Inspector of Police, Tirutani Police Station, Tiruvallur District. (Crime No.577 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.577 of 2025 on the file of the respondent police. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) *********