Pasupathi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Pasupathi S/o.k.Selvan, 6/180,Anaipallam pillurmattam, Hulical Coonnoor, Nilgiris - 643238.

..Petitioner(s) Vs The State Rep by The Inspector of Police, Dharapuram Nagar,All Women police Station, Tiruppur District.

(Crime No.32/2025) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, 2023 seeking to enlarge the petitioner on bail in Cr.No.32 of 2025 pending on the file of the Respondent police and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

V.Purushothaman For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.11.2025, for the offences punishable under Section 5(1), 5(j) (ii) r/w Sec.6 of Protection of Child From Sexual Offences Act, 2012 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner herein was a classmate of the victim girl who is aged about 16 years under the pretext of loving her and committed aggravated penetrative sexual assault continuously while she was alone which resulted in pregnancy. Hence, the petitioner herein was arrested by the respondent police and remanded to judicial custody on 25.11.2025.

3. The learned counsel for the petitioner submitted that the petitioner is also an adolescent boy and aged about 19 years and the petitioner is in judicial custody from 25.11.2025. He further submitted that the petitioner is ready to abide any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has been arrested and remanded to judicial custody from 25.11.2025. He further submitted that the victim girl is delivered a child. He further submitted that investigation is concluded and final report has also filed. Hence, he opposed for grant of bail to the petitioner.

5. Considering the nature of allegations, and also it is a case of adolescent love and now, investigation is concluded and final report is filed and taking note of the period of incarceration by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 Court of Sessions, Magalir Neethi Mandram (Fast Track Mahila Court], Tiruppur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs 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] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

09.02.2026 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 Court of Sessions, Magalir Neethi Mandram (Fast Track Mahila Court], Tiruppur.

2.The District Jail, Tiruppur.

3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police, Dharapuram Nagar,All Women police Station, Tiruppur District.

(Crime No.32/2025)

K.RAJASEKAR, J.

MSM 09-02-2026