Kumar v. The State Rep. By, the Inspector of Police

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

20.06.2026 for the alleged offences under Sections 9(1), 9(n) and 10 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.11 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner/accused who is the biological father of the victim child, is alleged to have committed aggravated sexual assault against the victim, who is 17 years of age. Hence, the case was registered.

¶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 20.06.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

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, it is observed that the victim has not supported the prosecution's case. Considering the period of incarceration undergone by the petitioner since 20.06.2026 and the Page3 of 5 absence of any criminal antecedents, his further custody for the purpose of investigation is not required. Hence, 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 Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur 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 Page4 of 5 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. 24-07-2026 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 Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur.

¶2Central Prison, Puzhal.

¶3The Inspector of Police, All Women Police Station, Poonamallee, Avadi City.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19914oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o19914oofo2026 24-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kumar ..Petitioner Vs State Represented by, The Inspector of Police, All Women Police Station, Poonamallee, Avadi City. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.11 of 2026 on the file of the Respondent Police Station. For Petitioner: Mr.A.M.Rahamath Ali For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)