E.Rajesh v. The State Represented by the Inspector of Police

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

02.01.2026 for the alleged offences under Sections 5 (1) r/w 6, 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012, Section 87 of Bharatiya Nyaya Sanhita and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.1 of 2026 on the file of the respondent police, seeks bail. Page2 of 4

¶2The case of the prosecution is that the petitioner, along with other accused waylaid the victim, took her on their motorcycle and attempted to commit sexual assault. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 02.01.2026. He further submitted that there is no specific overt act of sexual assault against the petitioner. 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 there are allegations against the petitioner, however, a reading of the Section 183 BNSS statement reveals no allegation of the commission of aggravated penetrative sexual assault. However, he strongly opposed for grant of bail to the petitioner.

5.Considering the statement under Section 183 of the BNSS, which contains no serious allegations with regard to penetrative sexual assault against the petitioner, and the fact that the petitioner has been incarcerated since

02.01.2026, 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 Sessions Judge, Fast Track Mahila Court, Tiruppur, 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 report before the respondent daily morning at 10.30 a.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 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 Sessions Judge, Fast Track Mahila Court, Tiruppur.

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

3.The Inspector of Police Kongu Nagar All Women Police Station, Tiruppur City,

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 E.Rajesh ..Petitioner(s) Vs The State Represented by The Inspector of Police Kongu Nagar All Women Police Station, Tiruppur City, Crime No.1 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner/Accused No.2 on bail in Crime No.1 of 2026 on the file of the respondent police, now pending in Spl.S.C.No.70 of 2026 before the Learned Sessions Judge, Fast Track Mahila court, Tiruppur. For Petitioner(s): Mr.B.Balaji For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )