S Sanjai v. State Rep. By

6IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.1845 of 2026 S.Sanjai ... Petitioner

Versus

The State rep by its, The Inspector of Police, All Women Police Station, Erode, Erode District.

(Crime No.Not known of 2026) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.Not Known of 2026 on the file of the respondent police. For Petitioner :

Mr.Vignesh Masilamani For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 5(1)(m) r/w 6 of POCSO Act, in Crime No.Not known of 2026 registered on the file of the respondent police, seeks anticipatory bail.

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2. The allegation against the petitioner is that he lured the victim girl and developed a relationship with her through Instagram and subsequently taking advantage of her loneliness, committed aggravated penetrative sexual assault, which resulted in her pregnancy. The same intimated to the family members and, hence, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is aged about 19 years and that the relationship was an adolescent love affair. He further submitted that the petitioner is ready to cooperate with the investigation and therefore, custodial interrogation of the petitioner is not necessary. Hence, he prays for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that he has produced the copy of the statement of the victim girl recorded under Section 185 of BNSS. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

6. On perusal of the statement of the victim girl, it reveals various 2/5

disturbing facts and it is also stated that the petitioner developed a relationship with the victim girl through instagram and that, while the victim was alone, she used to call the petitioner, and hence, the occurrence took place.

7. Considering the age of the petitioner, the fact that the custodial interrogation of the petitioner is not required. this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

8. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Mahila Court, (Fast Track Mahila Court), Erode, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 3/5

three weeks and thereafter as and when required for interrogation. It is also made clear that the petitioner shall co-operate for the enquiry and also for further medical examinations, if any to be conducted by the respondent police.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 28.01.2026 drl To 1.The Mahila Court, (Fast Track Mahila Court), Erode.

2. The Inspector of Police, All Women Police Station, Erode, Erode District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.1845 of 2026 28.01.2026 5/5