Madesh v. The State Rep By, The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-01-2026
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Madesh Petitioner Vs The State Rep By, The Station House Officer Respondent Muthialpet Police Station, Pondicherry.
Crime No.228 of 2025.
PRAYER:Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.228 of 2025 on the file of the respondent police.
For Petitioner :
For Respondent:
Mr. G. Ezhil Balaji Mr. M.V.Ramachandra Murthy Public Prosecutor , Puducherry
ORDER
The petitioner, who was arrested and remanded to judicial custody on 12.12.2025 for the offences punishable under Sections 137(2) of BNS, 6 & 12 of POCSO Act, 2012 in Crime No.228 of 2025, registered on the file of the respondent police, seeks bail.
2. The allegation against this petitioner is that this petitioner is the friend of A1 in this case and on the request of A1, he booked a room for committing
aggregated penetrative sexual assault by A1 with one of the victims in this case. Hence the petitioner is also arrested.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any sexual assault on the victim girl and the petitioner is ready of abide by any condition imposed by this court and hence, he prays for grant of bail of petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that they have also concluded the investigation and the investigation is almost over and soon they will file a final report in this case. However, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the fact that this petitioner has not committed any sexual assault on any of the victims, and the period of incarceration of the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his 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 Fast Track Court Exclusively to dealt with Offences under POCSO Act, Puducherry, 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 B.N.S.
09.01.2026 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. K.RAJASEKAR J.
gv To 1.The Fast Track Court Exclusively to dealt with Offences under POCSO Act, Puducherry
2. The State Rep By, The Station House Officer Muthialpet Police Station, Pondicherry.
Crime No.228 of 2025.
3.The Superintendent, Kalapet Prison, Pondicherry 4.The Public Prosecutor, High Court, Madras.
09.01.2026
09-01-2026