Deepak Kumar v. State of Tamil Nadu Represented by the Inspector of Police

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

29.11.2025 for the alleged offences under Section 'Girl missing' @ Section 6 of POCSO Act in Crime No.359 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner committed aggravated penetrative sexual assault on the minor victim girl. Hence the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner knew the victim girl through instagram and this false case has been registered against the petitioner based on the complaint given by the mother of the victim girl and the petitioner is ready to abide by any condition that may be imposed by this Court. He prays that considering the period of incarceration of the petitioner from 29.11.2025, the petitioner may be released on bail.

¶4The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and opposed the bail application. He has also produced the copy of the statement recorded under Section 183(6) of B.N.S.S. Page3 of 6

¶5I have given anxious consideration to the submissions made by the learned counsel on either side.

¶6While perusing the statement recorded under Section 183 of B.N.S.S. before the Judicial Magistrate No.1, Ponneri on 07.01.2026, submitted by the learned Government Advocate, it appears that the victim girl has not supported the prosecution case and she has not stated anything as to the ingredients of the offences charged against the petitioner.

¶7In view of such position, considering the long incarceration of the petitioner since 29.11.2025, this Court is inclined to grant bail to the petitioner, subject to the following stringent conditions:

¶8Accordingly, 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 Judicial Magistrate, Madhavaram 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; Page4 of 6 [b] the petitioner shall report before the respondent police daily at

10.30 a.m. for a period of two weeks and thereafter as and when required by the respondent police. [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 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]: [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11-03-2026 MJS 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. Page5 of 6 To

¶1The Judicial Magistrate, Madhavaram.

¶2The Inspector of Police, Ennore All Women Police Station, Chennai.

¶3The Superintendent of Police, Central Prison, Puzhal, Chennai.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o6176oofo2026 C.KUMARAPPAN,oJ. MJS CRLoOPoNo.o6176oofo2026 11-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Deepak Kumar S/o.Chandrasekar, No. 181, Mayilai Amman Kovil Street, Elandacheri, Andarkuppam, Thiruvallur 600 103. ..Petitioner(s) Vs State of Tamil Nadu Represented by: The Inspector of Police MM Colony Police Station, Madhavaram, Chennai 600 051. (Now transferred at) State Represented by: The Inspector of Police, Ennore All Women Police Station, Chennai. Crime No. 359/2025. ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in connection with Crime No. 359/2025 on the file of the respondent police, and conditions as this Honble Court. For Petitioner(s): Ms. Aswini For Respondent(s): Mr. S. Vinoth Kumar, Government Advocate (Criminal side) Page2 of 6