Citation : 2026 Latest Caselaw 2406 Mad
Judgement Date : 7 May, 2026
CRL OP No. 10669 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 10669 of 2026
Raman
..Petitioner
Vs
State Rep. by The Inspector of Police
All women Police Station,
Gobichettipalayam,
Erode District
(Crime No.4 of 2026)
..Respondent
PRAYER : Criminal Original Petition has been filed under Section 483 of
BNSS to enlarge the petitioner on bail pending investigation in Crime No.4 of
2026 on the file of Respondent.
For Petitioner: Mr.C.S.Saravanan
For Respondent: Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
Petition seeking bail in respect of Crime No.4 of 2026 registered for the
alleged offences punishable under Sections 3(a), 4, 9(m), 9(n) and 10 of POCSO
Act 2012 is on board for consideration.
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2. The case of the prosecution is that the petitioner is none other than own
brother of the victim’s father and he had committed sexual assault on the victim
child, who is aged about 6 years old. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the
petitioner is an innocent person and he has been falsely implicated in this case.
He also submitted that the petitioner is in no way connected with the alleged
offence. He further submitted that the petitioner is ready to abide by any
stringent condition that may be imposed by this Court. He also submitted that
the petitioner is in incarceration from 13.01.2026. Hence, he prayed for grant of
bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the
respondent police, while opposing for grant of bail to the petitioner, reiterated
the prosecution case and submitted that the petitioner committed a sexual
assault on the victim child, who is aged about six years old. He further
submitted that now the charge sheet has been filed.
5. Heard both sides and perused the materials available on record.
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6. Taking note of the facts and circumstances of the case, nature of
allegations, submissions made by the learned counsels on either side and the
period of incarceration undergone by the petitioner, this Court is inclined to
grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties, each for a like sum to the satisfaction of the learned Sessions
Magalir Needhimandram (Fast Track Mahila Court), Erode and on further
conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the Inspector of Police, Kottar Police Station, Nagercoil, everyday at 10.30 a.m., until further orders ;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action
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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 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
Lpp/rpl 07-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
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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To
1. The Sessions Magalir Needhimandram (Fast Track Mahila Court), Erode
2. The Inspector of Police All women Police Station, Gobichettipalayam, Erode District
3. The Inspector of Police, Kottar Police Station, Nagercoil.
4. The Superintendent, District Jail, Gobichettipalayam.
5. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI J.
Lpp/rpl
07-05-2026
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