Devendran v. State Rep by the Inspector of Police

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

18.12.2025 for the offences punishable under Sections 9(l), 9(m), 9(f) r/w Section 10 of POCSO Act, 2012 and Section 75 of BNS in Crime No.45 of 2025, registered on the file of the respondent police, seeks bail.

¶2The allegation against the petitioner herein is that, the petitioner is the driver of the school bus, in which the victim girl, who is aged about 11 years and taking advantage of his proximity with the victim girl, he misbehaved with her by touching her inappropriately. Hence, this case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 18.12.2025; that it is not the case of penetrative sexual assault; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the statement of the victim girl is recorded; that the petitioner is removed from his service; and that the investigation of this case is pending.

¶5I have considering the submissions made on both sides and perused the materials available on record, including the 183 BNSS statement of the victim girl.

¶6Though the victim girl had narrated various events in her statement, considering the fact that the case is not a penetrative sexual assault, the petitioner is also removed from his service and taking note of the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Special Court Exclusive Trial of cases under POCSO Act, Vellore and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs 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] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

06.02.2026 stn 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 Special Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Vellore.

¶2The Inspector of Police, All Women Police Station, Vellore, Vellore District. (Crime No.45 of 2025)

¶3The Superintendent, Central Prison, Vellore.

¶4The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J. stn Crl.O.P. No.2820 of 2026

06.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-02-2026 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2820 of 2026 Devendran ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, All Women Police Station, Vellore, Vellore District. (Crime No.45 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.45 of 2025 on the file of the respondent police. For Petitioner(s) : Mr. T. Muruganantham For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side) *******