Citation : 2026 Latest Caselaw 2777 Mad
Judgement Date : 22 May, 2026
CRL RC No. 1112 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL RC No. 1112 of 2026
1. Hellokumar @ Alagukumar
S/o. Raja,
Shikanampatty,
Kadayampatty,
Salem District.
2. Saranraj @ Thirupathi
S/o. Elumalai,
Shikanampatty,
Kadayampatty,
Salem District.
..Petitioners/Petitoners/
Accused Nos.1 & 2
Vs
The State Rep. by Inspector of Police
AWPS-Omalur Police Station,
Salem District.
(Crime No.100/2025)
..Respondent /
Respondent /
Complainant
PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to set aside the impugned order passed in Crl
M.P. No.96 of 2026 order dated 30-3-2026 on the file of the Sessions Judge,
Principal Special Court cases under POCSO Act, Salem and subsequently
enlarge the petitioners on bail.
For Petitioner(s): Mr.K.Prathap
For Respondent(s): Mr.C.R.Malarvannan
Government Advocate (Criminal Side)
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https://www.mhc.tn.gov.in/judis
CRL RC No. 1112 of 2026
ORDER
This Criminal Revision Petition has been filed seeking to set aside the
impugned order passed by the learned Sessions Judge, Principal Special Court
for Cases under POCSO Act, Salem, dated 30.03.2026, in Crl.M.P.No.96 of
2026.
2. The case of the prosecution is that the victim girl, aged about 14 years,
was found to be pregnant when she was taken to the hospital after fainting in the
hostel. On enquiry, the petitioners were allegedly found to be involved in the
occurrence. Hence, the case.
3. Mr.C.R.Malarvannan, learned Government Advocate (Criminal Side),
takes notice on behalf of respondent.
4. Mr.K.Prathap, learned counsel appearing for the petitioners submits
that the petitioners were arrested on 26.12.2025 in connection with Crime
No.100 of 2025 registered for the offences under Sections 87, 351(2) of
Bharatiya Nyaya Sanhita, 2023 and Section 5(1), 5(j)(ii) r/w 6 of POCSO Act,
2012. He further submits that since charge sheet was not filed within the
statutory period, the petitioners filed bail petition under Section 187(3) of
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Bharatiya Nagarik Suraksha Sanhita, 2023, which came to be dismissed by the
learned Sessions Judge, Principal Special Court for Cases under POCSO Act,
Salem, by order dated 30.03.2026 in Crl.MP.No.96 of 2026, inter alia stating
that the final report had already been filed on 09.02.2026. He further submits
that e-courts records reveals that the charge sheet was filed only on 27.03.2026,
i.e., beyond the statutory period and after filing of the statutory bail application.
5. In view of the facts and circumstances of the case, this Court directs
the Sessions Judge, Principal Special Court for Cases under POCSO Act, Salem
to submit a report on or before 15.16.2026 regarding the filing of the statutory
bail application by the petitioners and the filing of the final report by the
respondent police.
6. List the matter on 18.06.2026.
22-05-2026 DRL
Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on 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, Principal Special Court for Cases under POCSO Act, Salem.
2. The Inspector of Police AWPS-Omalur Police Station, Salem District.
3.The Public Prosecutor, High Court, Madras.
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R.SAKTHIVEL, J.
DRL
22-05-2026
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