C.Ponnaiya vs State Rep. By
2026 Latest Caselaw 2044 Mad

Citation : 2026 Latest Caselaw 2044 Mad
Judgement Date : 20 April, 2026

[Cites 3, Cited by 0]

Madras High Court

C.Ponnaiya vs State Rep. By on 20 April, 2026

                                                                              CRL OP No. 9855 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. 9855 of 2026
                C.Ponnaiya
                                                                                      ..Petitioner
                                                          Vs
                State rep. by
                The Inspector of Police,
                Valasaravakkam All Women Police Station
                Crime No.3 of 2026
                                                                                    ..Respondent

                PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
                Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner pending
                investigation in Crime No.3 of 2026 on the file of the respondent
                Valasaravakkam, All Women Police Station.
                              For Petitioner:          Mr.G.Jayamurugan

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

                                                       ORDER

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

02.03.2026 for the alleged offence under Section 11(1) r/w 12 of the POCSO

Act in Crime No.3 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner allegedly committed

acts amounting to sexual harassment against two minor girls aged about 12

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years. Hence, the case was registered.

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

allegations against the petitioner are false and there are contradictions in the

complaint. It is further submitted that only one complaint was lodged though

there are two victims. The learned counsel would further submit that the

petitioner is ready to abide by any conditions that may be imposed by this

Court. Hence, he prayed to grant bail to the petitioner.

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

respondent submitted that the petitioner is charged under Section 11(1) r/w 12

of POCSO Act and the 183 statement of B.N.S.S has been recorded and the

victim girl has supported the prosecution. Hence, 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 submissions of the learned counsel on both sides, it is

seen that the petitioner is alleged to have committed acts amounting to sexual

harassment against two minor girls, aged about 12 years. Taking into account

that the statements of the victims have already been recorded under Section 183

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of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and in view of the fact that

the petitioner has been in incarceration since 02.03.2026, this Court is inclined

to grant bail to the petitioner, 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

Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur, 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on

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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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