[Cites 4, Cited by 0]
Madras High Court
Lokesh vs The State Rep By, The Inspector Of Police on 8 April, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.7397 of 2026
Lokesh ... Petitioner(s)
Vs.
State rep. by the Inspector of Police,
Thiruthani Police Station,
Thiruvallur District. ... Respondent(s)
[Crime No.73 of 2026]
PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.73 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.V.Vijayakumar
For Respondent(s) : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
12.02.2026 for the alleged offences under Sections 7 and 8 of POCSO Act, in
Crime No.73 of 2026, on the file of the respondent police, seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that on 11.02.2026, the victim girl, along
with her grandmother went to Government Hospital at Thiruttani for attending
physically challenged persons camp; that when the victim girl was standing
alone near Government Hospital, the petitioner, with the sexual intent, has
committed sexual assault on the victim girl by touching her private part. Hence,
the case.
3. The learned counsel for the petitioner would submit that the petitioner
has been under incarceration since 12.02.2026 and that the only allegation
against the petitioner is that he touched the private part of the victim. He would
further submit that he has not at all committed any such offence and it has been
exaggerated one.
4. However, the learned Government Advocate would strongly object the
bail application on the ground that the victim is aged 12 years and the
allegations against the petitioner are serious in nature.
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side.
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6. I have gone through the FIR, wherein there is an allegation against this
petitioner about touching upon the left chest of the victim. Though the above act
of the petitioner is serious in nature, considering the long incarceration of the
petitioner since 12.02.2026 and upon the fact that there are no other allegation,
except the above allegation, against this petitioner, this Court is inclined to
enlarge the petitioner on bail with certain conditions:
7. Accordingly, 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 each for a like sum, to the satisfaction of the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act At
Tiruvallur, 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 stay at Salem and report before
the Deevattipatti Police Station daily at 10.30 a.m for a
period of 30 days and thereafter, appear before the
respondent police as and when required for interrogation;
[c] the petitioner shall not abscond either during
investigation or trial;
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[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 petitioners in accordance with
law as if the conditions had been imposed and the petitioners
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.
08.04.2026
ata
Note:
1. Registry is directed to forthwith upload this order in the Official
Website of this Court.
2. All 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.
https://www.mhc.tn.gov.in/judis
To
1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO
Act, Tiruvallur.
2. The Superintendent, Central Prison, Puzhal.
3. The Inspector of Police, Thiruthani Police Station, Thiruvallur District.
4. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN,J.
ata
08.04.2026
https://www.mhc.tn.gov.in/judis
