Crl.O.P.No.13107 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP NO.13107 of 2026
Alaguraj ... Petitioner/ Accused
Vs
The State rep. by,
The Inspector of Police,
Erode All Women Police Station.
(Crime No.08 of 2026) ... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in
Crime No.08 of 2026 on the file of the respondent police.
For Petitioner(s) : Mr. M. Sri Janani
For Mr. K. Rajkumar
For Respondent(s) : Mr. V.J. Priyadarsana
Government Advocate (Crl. Side)
*******
ORDER
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The petitioner, who was arrested and remanded to judicial custody on
11.03.2026 for the offences punishable under Sections 11(2), 11(4), 11(5), 12,
13, 14(1) of POCSO Act, 2012 and under Section 67(B)(c) of I.T. Act in
Crime No.08 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the victim
girl were in love relationship since 2023, out of which the petitioner had
committed penetrative sexual assault on the victim girl. Hence, this case.
3. The learned counsel for the petitioner would contend that
petitioner is innocent and he has been falsely implicated in this case. He
further submitted that the petitioner is under judicial custody since
11.03.2026; and that the petitioner is ready and willing to furnish substantial
sureties and to abide by any conditions that may be imposed by this Hon'ble
Court and therefore, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing
for the respondent police while opposing the bail to the petitioner, reiterated
the prosecution case and submitted that the petitioner has no previous
antecedents.
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5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, the
nature of offences charged against the petitioner, the fact that the petitioner
has no previous cases and taking note of the age of the petitioner and the
period of incarceration undergone by him, this Court is inclined to grant bail
to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be
released on bail on condition to execute 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 Sessions Court,
Magalir Neethi Mandram (Fast Track Mahila Court) at
Erode and on further conditions that;
[b] the petitioner shall report before the respondent
police daily at 10.30 a.m., for a period of thirty days and
thereafter, as and when required for interrogation;
[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;
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[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 her 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 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 269 B.N.S.2023.
14.05.2026
stn
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
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QR code.
To
1. The Sessions Judge, Magalir Neethi Mandram
(Fast Track Mahila Court) at Erode.
2. The Inspector of Police,
Erode All Women Police Station.
(Crime No.08 of 2026)
3. The Superintendent,
Central Prison, Puzhal.
4. The Public Prosecutor,
High Court of Madras.
P. DHANABAL, J.
stn
https://www.mhc.tn.gov.in/judis
14.05.2026
https://www.mhc.tn.gov.in/judis
