- Court
- High Court of Madras
- Decided
- 29 July 2026
- Bench
- K.Rajasekar
- Case no.
- CRL OP(MD) 15700/2026
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Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 15700 of 2026 Ramajeyam
...Petitioner
Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District. (Crime No.15 of 2026)
...Respondent/Complainant
For Petitioner : Mr.M.Jothi Basu
Advocate
For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 15 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 04.04.2026, for the offences punishable under Section 9(m) r/w. 10 of POCSO Act, in Crime No.15 of 2026 on the file of the respondent police, seeks bail.
¶2The case of the prosecution is that the petitioner is the neighbour of the victim girl. Taking advantage of the age of the victim girl, who is aged about 8 years, he in appropriately touched her private parts. It was intimated to the family members. Even in the presence of the victim girl's mother, he touched the victim girl's inappropriately. The same was questioned by the victim girl's family members and the complaint has been lodged.
¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has no previous case. Due to prior enmity, this false complaint has been lodged. He would further submit that the petitioner is in custody from 04.04.2026 and ready to co-operate with the investigation. Hence, he prayed bail for the petitioners.
¶4The learned Counsel appearing for the State reiterated the prosecution case and relying upon the statement recorded under Section 183(5) of BNSS from the victim girl, submitted that the petitioner inappropriately touched the private parts of the victim girl. The petitioner has no previous case. Investigation in this case has been completed and final report was also filed and now the case is pending in S.C.No.93 of 2026, on the file of the Special Court. Hence, he opposed to grant of bail to the petitioner.
¶5This Court heard both sides and perused the materials available on record.
¶6Considering the nature of allegations, that the petitioner has no previous case, the victim is aged about 8 years and the statement of the victim girl recorded under Section 183(5) of BNSS and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Session Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Virudhunagar District at Srivilliputhur, and on further conditions that: [b] the petitioner shall stay at Thoothukudi and report before the Inspector of Police, Thoothukudi Central Police Station, Thoothukudi District, daily at 10.30 a.m., for a period of six weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(K R S J)
29.07.2026 TM To
1.The Session Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Virudhunagar District at Srivilliputhur.
2.The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District. (Crime No.15 of 2026)
3.The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi District.
4.The Superintendent, District Prison, Virudhunagar.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 15700 of 2026 Date : 29.07.2026
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