Azarudeen vs State Rep By Inspector Of Police
2026 Latest Caselaw 2039 Mad

Citation : 2026 Latest Caselaw 2039 Mad
Judgement Date : 20 April, 2026

[Cites 2, Cited by 0]

Madras High Court

Azarudeen vs State Rep By Inspector Of Police on 20 April, 2026

                                                                             CRL OP No. 9851 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 20-04-2026
                                                       CORAM
                                   THE HON'BLE MR.JUSTICE C.KUMARAPPAN
                                                CRL OP No. 9851 of 2026
                Azarudeen
                                                                                     ..Petitioner
                                                          Vs
                State rep by,
                Inspector of Police
                All Women Police Station,
                Thiruthuraipoondi,
                Thiruvarur District. (Crime No.2 of 2026)
                                                                                   ..Respondent

                PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
                Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.2
                of 2026 on the file of respondent police, pending investigation.


                              For Petitioner:          Mr.Swamisubramanian

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


                                                       ORDER

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

15.02.2026 for the alleged offence under Sections 5(l), 5(j)(ii) r/w Section 6 of

POCSO Act, 2012 in Crime No.2 of 2026 on the file of the respondent police,

seeks bail.

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2. The case of the prosecution is that the petitioner allegedly had sexual

relationship with the victim on promise of marriage and later refused, after

which complaint was lodged.

3. The learned counsel appearing for the petitioner submitted that the

petitioner is aged about 23 years and the victim girl is aged about 15 years and

the relationship was consensual in nature. It is further submitted that the

complaint was lodged only after delay and after pregnancy suspicion. Hence, he

prayed to grant bail to the petitioner.

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

respondent submitted that as per the 183 statement of the BNSS, allegations

have been made against the petitioner. It is further submitted that there is no

previous case is pending against the petitioner. However, he opposed to grant

bail to the petitioner.

5. I have given anxious consideration to the submissions made by the

learned counsel on either side.

6. Considering the submission of the learned counsel on either side, this

Court is of the view that the petitioner is aged about 23 years and the victim girl

is aged about 15 years and as per the 183 BNSS statement recorded on

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02.03.2026, this Court could not find sufficient material to say that the

relationship is one of forcible sexual assault and it appears to be in the nature of

adolescent relationship. Taking into consideration the age of the petitioner and

the victim, the fact that investigation has been completed and charge sheet has

been filed and upon the fact that the petitioner has been in incarceration since

13.02.2026, this Court is inclined to grant bail, subject to 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 for a like sum each to the satisfaction of the learned

Sessions Judge, Fast Track Mahila Court, Thiruvarur, 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 twice a day at 10.30 a.m. and 05.30 p.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;

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[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.

20-04-2026 NSL

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.

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