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Madras High Court
Abhay Kumar Mishra vs State Rep. By on 14 May, 2026
Crl.O.P.No.13034 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP NO.13034 of 2026
Abhay Kumar Mishra ... Petitioner/ Accused
Vs
The State rep. by,
The Inspector of Police,
All Women Police Station,
KVR Nagar, Tiruppur District.
(Crime No.16 of 2025) ... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in
Spl.S.C.No.172 of 2025 on the file of the learned Sessions Judge, Magalir
Neethimandram, Fast Track Mahila Court, Tiruppur.
For Petitioner(s) : Mr. R. Thamarai Selvan
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
06.07.2025 for the offences punishable under Sections 5(l), 5(n) r/w 6 of
POCSO in Spl.S.C.No.172 of 2025 on the file of the learned Sessions Judge,
Magalir Neethimandram, Fast Track Mahila Court, Tiruppur, seeks bail.
2. The case of the prosecution is that the petitioner is the step-
father of the victim girl, aged about 17 years, taking advantage of this
relationship, the petitioner threatened the victim girl and committed
aggravated sexual assault on her. Hence the case.
3. The learned counsel for the petitioner would contend that
petitioner is innocent and he has been falsely implicated in this case and
submitted that the investigation of this case was completed and the case is
pending in Spl.S.C.No.172 of 2025. He further submitted that the petitioner
is under judicial custody since 06.07.2025 and 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 case is posted for examination of
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L.W.1.
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 accused and also the fact that the case
is posted for examination of witnesses and taking note of the period of
incarceration undergone by the petitioner, 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 learned Sessions Judge,
Magalir Neethimandram, Fast Track Mahila Court,
Tiruppur and on further conditions that;
[b] the petitioner shall report before the Trial
Court daily at 10.30 a.m. until further orders;
[c] the petitioner shall not commit any offence similar
to the offence of which she is accused, or suspected, or of the
commission of which she 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
QR code.
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To
1. The Sessions Judge, Magalir Neethimandram,
Fast Track Mahila Court, Tiruppur.
2. The Inspector of Police,
All Women Police Station,
KVR Nagar, Tiruppur District.
(Crime No.16 of 2025)
3. The Superintendent,
Central Prison, Coimbatore.
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
