Citation : 2026 Latest Caselaw 2487 Mad
Judgement Date : 13 May, 2026
CRL OP No. 11986 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 11986 of 2026
Egambaram
..Petitioner(s)
Vs
The State Represented by
The Inspector of Police
All Women Police Station,
Ranipet,
Ranipet District.
(Crime No. 23/2026)
..Respondent(s)
Criminal Original Petition filed under Section 483 of BNSS to enlarge the
petitioner on bail concerned in Crime No. 23 of 2026 pending on the file of the
respondent, on such terms and conditions.
For Petitioner(s): Mr.N.Arun Kumar
For Respondent(s): Mr.R.Vinothraja,
Government Advocate (Crl. Side)
ORDER
The petitioner/sole accused, who was arrested and remanded to judicial
custody on 18.03.2026, for the offences under Sections 9(m), 9(n), 10 of
POCSO Act and Section 9 of Child Marriage Act, in Crime No.23 of 2026,
seeks bail.
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2.The case of the prosecution is that the petitioner made a bad touch on
the victim girl, aged about 9 years, who is none other than her granddaughter.
Hence, the case.
3.Learned counsel for the petitioner would submit that the alleged
occurrence is said to have taken place on 14.03.2026, whereas, the complaint
was made on 17.03.2026. He would further submit that the petitioner has no
previous antecedents and he is innocent and undertakes to abide by any
conditions imposed by this Court. The learned counsel would further submit
that the petitioner is in incarceration for nearly two months and therefore, prays
for grant of bail.
4.Per contra, Mr.R.Vinothraja, learned Government Advocate (Crl. Side)
appearing for the respondent Police, would submit that the petitioner has made
sexual assault on her own granddaughter and hence, considering the gravity of
the offence, he opposed for grant of bail.
5.Heard the learned counsel on either side and perused the entire
materials on record.
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6.Considering the rival submissions and the nature of offence and also
considering the relationship between the parties and that the petitioner has no
bad antecedents and also having regard to the period of incarceration of the
petitioner for nearly two months, I am inclined to grant bail to the petitioner,
subject to the following conditions:
[a] 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 Principal Sessions Judge,
Ranipet, and on further conditions that:
[b] the petitioner shall report before the All Women Police Station,
Ranipet, daily at 10.30 a.m. for 30 (thirty) days.
[c] the petitioner shall not commit any offence similar to the offence of
which he is accused, or suspected, or of the commission of which he is
suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer or
tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial
Magistrate/Trial Court is entitled to take appropriate action against the
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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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under
Section 229A IPC.
13-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
MKN
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.
To
1.The Principal Sessions Judge, Ranipet.
2.The Inspector of Police All Women Police Station, Ranipet, Ranipet District.
3.The Public Prosecutor, High Court, Madras.
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4.The Superintendent, Central Prison, Vellore.
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P.DHANABAL J.
MKN
13-05-2026
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