Sanjay v. State by Its, Inspector of Police,

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

21.05.2026 for the alleged offences under Sections 5(i)(ii) and 6 of POCSO Act in Crime No.14 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner committed aggravated sexual assault on the victim girl, who was aged about 15 years and as a result of which, the victim became pregnant. Hence the case. Page2 of 5

3.The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The learned counsel has submitted an affidavit signed by the parents of the petitioner, stating that after the victim attains majority, they would arrange for the marriage between the petitioner and the victim. He further submits that the petitioner has been in judicial custody since 21.05.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the statement of the victim under section 183 of BNSS has been recorded.

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

¶6On perusing the statement recorded under Section 183 of the BNSS, this Court could not find any forcible relationship and the victim has stated that she was in love with the petitioner. While perusing the Section 183 statement, though there is a reference to a physical relationship, from the submissions of the learned counsel on both sides, this Court notes an adolescent relationship between them. Further, the learned counsel for the petitioner has submitted an Page3 of 5 affidavit signed by the parents of the petitioner, stating that after the victim attains majority, they would arrange for the marriage between the petitioner and the victim, subject to the willingness of the victim. In this view of the circumstances and also given the fact that the petitioner has been in incarceration since 21.05.2026, this Court is inclined to enlarge the petitioner on bail, 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 each to the satisfaction of the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore, Vellore District, 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 police daily at 10.30 a.m. for a period of two weeks and thereafter 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; Page4 of 5 [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]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 21-07-2026 NSL 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 learned Special Judge for Exclusive Trial of case under POCSO Act, Vellore, Vellore District.

¶2Central Prison, Vellore.

¶3The Inspector of Police, Vellore All Women Police Station, Vellore District.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o18863oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o18863oofo2026 21-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sanjay ..Petitioner Vs State by its, Inspector of Police, Vellore All Women Police Station, Vellore District. Crime No.14 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.14 of 2026 on the file of the Respondent. For Petitioner: Mr.K.G.Senthil Kumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)