Ashok Kumar vs State Rep By The Inspector Of Police
2026 Latest Caselaw 1925 Mad

Citation : 2026 Latest Caselaw 1925 Mad
Judgement Date : 16 April, 2026

[Cites 9, Cited by 0]

Madras High Court

Ashok Kumar vs State Rep By The Inspector Of Police on 16 April, 2026

                                                                                 Crl.O.P.No.9449 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 16.04.2026

                                                          CORAM

                                  THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                 Crl.O.P.No.9449 of 2026

                  Ashok Kumar                                                  ... Petitioner
                                                            Vs.
                  The State Rep. by its
                  The Inspector of Police,
                  W-14, AWPS, Thiruvottiyur,
                  Chennai District.
                  (Crime No.8 of 2026)                                        … Respondent


                  PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
                  Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in
                  connection with Crime No.8 of 2026 pending on the file of the respondent.



                                    For Petitioner     : Mr.C.Balaji

                                    For Respondent      : Mr.S.Vinoth Kumar,
                                                          Government Advocate (Crl.Side)

                                                          ORDER

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

12.03.2026 for the alleged offences under Sections 366, 342, 354A(2), 451

IPC and Section 7 r/w 8 and Section 11(1) r/w 12 of the Protection of

Children from Sexual Offences (POCSO) Act, 2012, in Crime No.8 of 2026

https://www.mhc.tn.gov.in/judis

on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is running a pawn

broker shop at Tiruvottiyur, sexually assaulted the victim girl aged 14 years

on two occasions. On the first occasion, he induced her into his shop and

touched her inappropriately. On the second occasion, he kidnapped her in a

car and committed sexual assault on her. He threatened her not to disclose the

incident. Hence, the present case.

3. The learned counsel for the petitioner submitted that there was

dispute between the petitioner and the de facto complainant, and taking

advantage of a dispute between them, the de facto complainant has misused

her daughter and lodged a false complaint in order to settle scores. Hence, he

prayed for grant of bail.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent police produced the statement recorded under Section 183 of the

BNS, wherein there is no allegation against this petitioner, and the victim has

not supported the prosecution case.

https://www.mhc.tn.gov.in/judis

5. Taking into consideration of the totality of the circumstances and

upon the fact that the petitioner has been in incarceration since 12.03.2026,

and also considering the stage of investigation, this Court is inclined to

enlarge the petitioner on bail, subject to certain stringent conditions.

6. Accordingly, the petitioner is ordered to be released on bail on her

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 Trial of Cases under POCSO Act

Court, Tiruvallur, 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 respondent police as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

https://www.mhc.tn.gov.in/judis

[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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

16.04.2026 cda

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: