Murugan v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-01-2026
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Murugan Petitioner Vs State Rep.by, The Inspector of Police, Respondent Vellore All Women Police Station, Vellore District.
Cr.No.43 of 2025.
PRAYER:Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.43 of 2025 on the file of the respondent police.
For Petitioner(s):
Mr. M.R. Thangavel For Respondent(s):
Mr.A.Gopinath, GA (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 23.11.2025 for the offences punishable under Sections 332 (c ), 115 (2), 75 of the BNS, 2023 and Section 9(i) r/w 10 of POCSO Act, 2012, (Corresponding Sections 451, 323, 354 (A) of IPC) in Crime No.43 of 2025, registered on the file of the respondent police, seeks bail.
2.
The allegation against the petitioner is that the petitioner herein has entered into the house of the victim girl who is aged about 16 years while she was alone and he forcibly committed sexual assault on her. Hence the case was registered against him and the petitioner was arrested on 23.11.2025. 3.The learned counsel appearing for the petitioner submitted that the petitioner herein has been falsely implicated in this case and he is in judicial custody since 23.11.2025; that the petitioner had not committed any sexual harassment on the victim girl; 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.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and the investigation is completed in this case and final report has also been filed.
5. Heard both sides and perused the materials available on record including the First Information Report.
6.
This court has gone through the records and statement recorded
from the victim girl and other connected records and it is not a case of penetrative sexual assault and hence this court is inclined to granted 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 Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore 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 K. RAJASEKAR, J.
gv 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.
Crl.O.P.No.564 of 2026 To 1.The Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore
2. The Inspector of Police, Vellore All Women Police Station, Vellore District. Cr.No.43 of 2025.
3.The Superintendent, Central Prison , Thorapadi, Vellore 4.The Public Prosecutor, High Court, Madras.
09.01.2026