Magesh @ Harijana Madesh v. The State Rep. By, the Inspector of Police

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

14.06.2026 for the alleged offences under Sections 5(j)(ii), 5(1), 5(n), 6(1) of POCSO Act in Crime No.91 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner/accused lured the victim with false promises of marriage and subjected her to repeated sexual assault, resulting in the victim girl's pregnancy. Page2 of 5

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 14.06.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

¶4The 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, it is observed that while the victim is stated to be aged about 14 years and it was a consensual relationship, as rightly contended by the learned Government Advocate (Criminal Side), consent is of no use to overcome the rigour of Section 5 of the POCSO Act. However, it is the submission of the learned counsel for the petitioner that there is no proof regarding the exact age of the victim and it is contended that her age may be 17 years or above. In such a view of the circumstances and taking into consideration the period of incarceration Page3 of 5 undergone by the petitioner since 14.06.2026, 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 Judicial Magistrate No. I, Hosur, 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. 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 5 [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 27-07-2026 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 Judicial Magistrate No.I, Hosur.

¶2The Sub Jail, Dharmapuri.

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

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19679oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o19679oofo2026 27-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Magesh @ Harijana Madesh ..Petitioner Vs State Rep. by, the Inspector of Police, All Women Police Station, Hosur, Krishnagiri District. Crime No.91 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to release the petitioner on bail in Crime No.91 of 2026 on the file of the respondent police. For Petitioner: Mr.M.P.Saravanan For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)