Shanmugam v. State Rep by Its

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

10.05.2026 for the alleged offence under Section 9(m) r/w 10 of POCSO Act, in Crime No.47 of 2026 on the file of the respondent police, seeks bail.

¶2The allegation against the petitioner is that the petitioner misbehaved Page2 of 5 with the victim and committed sexual assault on the victim. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and produced the statement recorded under Section 183 BNSS of Selvi, who is the neighbour of the victim girl and states that attempt was made to touch the private part of the child. He further submitted that the investigation completed and the charge filed and the case was yet to be taken on file. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the nature of the offences, the period of incarceration already undergone by the petitioner, investigation completed and the charge sheet has also been filed, this Court is inclined to enlarge the petitioner on bail Page3 of 5 on 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 to the satisfaction of the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Namakkal and on further conditions that: [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 Trial Court 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-08-2026 DRL 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, Magalir Neethimandram (Fast Track Mahila Court), Namakkal.

¶2The Inspector of police, Molasi police station, Namakkal District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o23656oofo2026 N.RAMESH,oJ. DRL CRLoOPoNo.o23656oofo2026 24-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Shanmugam S/o Periyasamy, No.1-8E, Nanjai Kalamangalam,Mannathampalayam west, Ganapathypuram, Erode District ..Petitioner(s) Vs State rep by its The Inspector of police, Molasi Police Station, Namakkal District. Crime No.47 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in crime no.47 of 2026 on the file of the respondent police For Petitioner(s): M/s. W.Camyles Gandhi For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)