Vijayaragavan v. The State Rep by the Inspector of Police

O R D E R The petitioner, who was arrested and remanded to judicial custody on

11.01.2026, for the alleged offence punishable under Sections 11(1), 11(4), r/w 12 of the POCSO Act and Section 78 of BNS in Cr.No.13 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner has stalked the victim girl and her sister, when they have questioned him, he has abused them with filthy language. They have unable to bear the same, through their parents, they have lodged the complainant. Subsequently, the petitioner was arrested Hence, the present petition has been filed seeking bail.

¶3The learned counsel appearing for the petitioner submitted that the allegation against the petitioner is that he quarrelled with the victim girl, who is a school-going girl and apart from that, there is no other serious allegations levelled against the petitioner. He further submitted that the petitioner is in custody from 11.01.2026, he is ready to co-operate with the investigation and also ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Crl.side) appearing for the respondent reiterated the prosecution case and submitted that investigation in this case is pending and hence, he vehemently opposed to grant bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the fact that the petitioner herein had stalked the victim girl and her sister, abused and also threatened her with dire consequence. Apart from that, there is no other serious allegations levelled against the petitioner, the period of incarceration undergone by the petitioner and the age of the petitioner herein. Though investigation is pending in this case, I am inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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, for a like sum to the satisfaction of the learned learned POCSO Court, Thiruvallur, 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 four weeks and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

13.02.2026 Vv

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 POCSO Court, Thiruvallur

¶2The Inspector of Police, Kavarapettai Police Station, Thiruvallur District.

¶3The Central Prison, Puzhal

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR

, J.

Vv Crl.O.P.No3476 of 2026

13.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3476 of 2026 Vijayaragavan ... Petitioner Vs. State represented by The Inspector of Police, Kavarapettai Police Station, Thiruvallur District. ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.13 of 2026 on the file of the Inspector of Police, Kavarapettai Police Station, Thiruvallur District. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)