Azarudheen v. The State Of Tamil Nadu, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3508 of 2026 Azarudheen ... Petitioner Vs.

The State of Tamil Nadu Rep by the Inspector of Police, A.W.P.S.South, Coimbatore City.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge him on bail pending investigation of the case connected with the Cr.No.08 of 2025 on the file of the Inspector of Police, A.W.P.S.South, Coimbatore City. For Petitioner : Mr.R.Mukesh Kannah For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 15.12.2025, for the alleged offence punishable under Sections 11(4), r/w 12 of the POCSO Act, 2012 in Cr.No.8 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner herein had stalked the victim girl and attempted to commit sexual assault on her. Subsequently, the defacto complainant has lodged the complaint and based on the same, the petitioner was arrested. Hence, the present petition has been filed seeking bail.

3. The learned counsel appearing for the petitioner submitted that the allegation against the petitioner is that he stalked the victim girl and attempted to commit sexual assault on her. Apart from that, there is no other serious allegations levelled against the petitioner. He further submitted that the petitioner is in custody from 15.12.2025, he is ready to co-operate with the investigation and also ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent reiterated the prosecution case and submitted that investigation in this case is pending and hence, he vehemently opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the fact that the petitioner herein had stalked the victim girl and attempted to commit sexual assault on her. Apart from that, there is no other serious allegations levelled against the petitioner, considering the period of incarceration undergone by the petitioner and the age of the petitioner herein and Though investigation is pending in this case, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned learned Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, 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 four weeks and thereafter as and when required for interrogation;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13.02.2026 Vv 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 Cases under POCSO Act, Coimbatore

2. The the Inspector of Police, A.W.P.S.South, Coimbatore City.

3. The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.3508 of 2026 13.02.2026 6/6