S.Sandhiya v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.476 of 2026 S.Sandhiya ... Petitioner -vsState Rep by, The Inspector of Police W-5, AWPS-Selaiyur Police Station, Chengalpattu District.

(Crime No.41 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.41 of 2025 on the file of the respondent police.

For Petitioners :

Mr.N.Premalatha For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.11.2025 for the offences punishable under Sections 5(1), 5(m), 6, 9(1), 9(m) , 10 of POCSO Act, 2012 and Sections 75, 77 of JJ Act, 2015, in Crime No.41 of 2025, registered on the file of the respondent police, seeks bail. 1/6

2.

The case of the prosecution is that there are totally three victims in this case and while the defacto complainant, who is the mother of the victim girls was undergoing treatment at Government Hospital, she and her daughters got acquaintance with A2 in this case and under the guise of helping the victim's mother, she induced her daughters and took them to her house and one of the victim child was taken by the petitioner herein and the victim children stayed with the accused for some period; that whileso, it is alleged that the petitioner herein and other accused had committed sexual assault and cruelty on the victim girls; that thereafter, the defacto complainant lodged a complaint with the child helpline and with their help, the victim children were rescued; and that subsequently, the petitioner herein and other accused were arrested. Hence, this case.

3.The learned counsel appearing for the petitioner submitted that the petitioner herein is a transgender and she has been falsely implicated in this case and in judicial custody since 15.11.2025; that the petitioner had not committed any sexual harassment on the victims; and that the petitioner is ready to abide by any condition that may be imposed by this Court, hence prays to grant bail to the petitioner.

2/6

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that there are totally seven accused involved in this case and that the co-accused in this case have committed penetrative sexual assault on some of the victims in this case; that the petitioner herein is also alleged to have committed sexual assault on one of the victim child; that all the accused in this case were arrested; and that the investigation of this case is pending.

5. Heard both sides and perused the materials available on record including the First Information Report.

6.

Earlier this court has dismissed the bail application of the petitioner in Crl.OP.No.34468 of 2025 vide order dated 17.12.2025. This court has granted bail to the similarly placed accused in Crl.OP.No.36071 of 2025 vide order dated 08.01.2026. Hence this Court is inclined to grant bail with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Special Court 3/6

for Exclusive Trial of case under POCSO Act, Chengalpattu, 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 respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the 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 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 B.N.S.

09.01.2026 gv 4/6

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 Special Court for Exclusive Trial of case under POCSO Act, Chengalpattu, 2.The Inspector of Police W-5, AWPS-Selaiyur Police Station, Chengalpattu District.

3.The Superintendent, Central Prison Women, Puzhal, Chennai 4.The Public Prosecutor, High Court, Madras.

5/6

K. RAJASEKAR, J.

gv Crl.O.P.No.476 of 2026 09.01.2026 6/6