Siva v. The State Rep. by the Inspector of Police

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

17.02.2026 for the alleged offences under Sections 87, 64 (2) (m) of Bharatiya Nyaya Sanhita Act, and Section 5 (l), 6 (l), 5 (u) of POCSO Act, 2012 in Crime No.35 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the victim girl, aged about fourteen years was under the custody of her grand mother. It is alleged that she went missing from her house and initially, a case of "Girl Missing" was registered. Page2 of 4 Later the victim was secured by the respondent Police and she stated that she had eloped with the petitioner, because they were in love. It is further alleged that the petitioner committed sexual assault against the victim on the pretext of marriage. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 17.02.2026. He further submitted that the petitioner and the victim were in love relationship. Hence, he prays to grant bail to the petitioner.

4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police produced the victim's statement recorded under Section 183 of the BNSS. He further submitted that the investigation has been completed and the charge sheet has been filed, which is yet to be taken on file. However, he strongly opposed for grant of bail to the petitioner.

5.In view of the submissions made by the learned Government Advocate (Criminal side), and considering the nature of the statement made under Section 183 of the BNSS, and the fact that the petitioner has been incarcerated since 17.02.2026, this Court is of the firm view that further custody of the petitioner is not required for the purpose of investigation in this case. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. Page3 of 4

¶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 Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai, and subject to the following conditions: [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 Coimbatore and report before the Singanallur Police Station daily morning at

10.30 a.m. for a period of one month; thereafter report before the respondent Police 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; Page4 of 4

C.KUMARAPPAN, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 06-07-2026 ep 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 Special Court for Exclusive Trial of cases under POCSO Act, Tiruvannamalai.

2.The Superintendent of Prison, Central Prison, Vellore.

3.The Inspector of Police Tiruvannamalai West Police Station, Tiruvannamalai District.

4.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Siva ..Petitioner(s) Vs The State Rep. by The Inspector of Police Tiruvannamalai West Police Station, Tiruvannamalai District. Crime No.35 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Crime No.35 of 2026 pending investigation on the file of the respondent and thus render justice. For Petitioner(s): Mr.Sathiyaraj E. For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )