Anand v. The State Rep.By

ORDER 25The petitioner, who was arrested and remanded to judicial custody on

23.11.2025 for the alleged offences under Sections 296(b), 115(2), 118(1), 351(2) of B.N.S., Sections 7 and 8 of POCSO Act altered to Sections 296(b), Page2 of 6 115(2), 118(1), 351(3) of B.N.S. read with Sections 5(m), 5(n), 5(l), 6 read with 17 of POCSO Act and Section 75 of J.J. Act in Cr. No.59 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner is the step father of the victim child aged about 3 years and he harassed the child. Further he has bitten all over the body of the child including her private parts and the injuries were noted by the School administrator, when the child was in the Pre-Primary School and it was informed to the grand mother of the victim child. Thereafter, the accused threatened the grand mother. The mother of the victim girl is arrayed as A2. Hence the case.

¶3The learned counsel appearing for the petitioner would submit that the occurrence took place on 22.11.2025 and the petitioner came to be arrested on

23.11.2025 and since then, he has been under judicial custody and he is an innocent and he is ready to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.

¶4The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and submitted the statement of the victim girl recorded under Section 183 of B.N.S.S. on 05.12.2025 and strongly opposed the bail application. Page3 of 6

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

¶6This Court perused the FIR and it was registered on the basis of the complaint given by the grand mother of the victim child and the mother of the victim girl is also an accused / A2 and she was already released on bail vide order passed by the Principal District and Sessions Judge, Kallakurichi in Crl. M.P. No.3286 of 2025 dated 08.01.2026. The petitioner and the mother of the victim were in relationship. Though certain allegations were made in the FIR, considering the fact that the offence of sexual assault is under Sections 7 and 8 of POCSO Act. The co-accused, namely the mother of the victim, was already released on bail and that this petitioner is under judicial custody since

23.11.2025. Hence considering the totality of circumstances and taking into consideration of the period of incarceration of the petitioner since 23.11.2025, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent 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 each, for a like sum to the satisfaction of the learned Principal and Sessions Judge, Kallakurichi and on further conditions that: Page4 of 6 [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 stay at Trichy and shall appear before the Inspector of Police, Trichy Contonment Police Station daily at 10.30 a.m. and 5.30 p.m. until further orders; [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]: Page5 of 6 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12-06-2026 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. To

¶1The Principal and Sessions Judge, Kallakurichi.

¶2The Station House Officer, AWPS Police Station, Ulundurpet, Kallakurichi District.

¶3The Inspector of Police, Trichy Contonment Police Station, Trichy

3.The Superintendent of Police, Central Prison,Cuddalore.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o14853oofo2026 C.KUMARAPPAN,oJ. MJS CRLoOPoNo.o14853oofo2026 12-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Anand Son of Ramu, 25, Mariamman Koil Street, S.Puthur, Ramapuram, Cuddalore ..Petitioner(s) Vs The State represented by: The Station House Officer, AWPS Police Station, Ulundurpet, Kallakurichi District [Crime No.59/2025] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner/accused on bail in Cr.No.59 of 2025 pending, on the file of the respondent police. For Petitioner(s): M/S. S.C.Vishwanth For Respondent(s): Mr. S. Yogaraja Sekar, Government Advocate (Criminal side)