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Madras High CourtCRL OP/6304/2026granted

Ramesh v. The State Rep By, The Inspector Of Police

2026-03-18Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Ramesh ..Petitioner Vs The state rep by, The Inspector of Police W-5, All women Police Station, Selaiyur Police Station, Chennai District, Crime No.41 of 2025.

..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail pending investigation in Cr.No.41 of 2025 on the file of the Inspector of Police, W5, All Women Police Station, Selaiyur Police Station, Chennai District.

For Petitioner:

Mr.N.Vinayakamoorthy For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Order The petitioner, who was arrested and remanded to judicial custody on 14.11.2025 for the alleged offence under Sections 5(l), 5(m), 6, 9(l), 9(m), 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and

Sections 75 and 77 of the Junvenile Justice (Care and Protection of Children) (JJ) Act, 2015 in Crime No.41 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused started to harass the daughter of the de facto complainant both physically and mentally and forced her to consume alcohol, when the de facto complainant was away from home. Hence, this case.

3. The learned counsel for the petitioner submitted that this petitioner is A1 and other accused had been enlarged on bail. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner is being the father of the victim girl ought to have been more serious in respect of the sufferings meted out by the victim girl. Hence, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by the learned counsel on either side, it is seen that the said submissions are valid one. However considering the long duration of incarceration of the petitioner since 14.11.2025 and considering the fact that the other accused were enlarged on bail in Crl.OP.No.36071 of 2025 dated 08.01.2026, this Court is inclined to enlarge the petitioner on bail on 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 Sessions Judge, POCSO Court, Chengalpattu, 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 learned respondent police daily at 10.30 a.m.,until further orders; [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 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];

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

18-03-2026 SHL 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 Sessions Judge, POCSO Court, Chengalpattu

2. The Central Prison-II, Puzhal

3. The Inspector of Police W-5, All women Police Station, Selaiyur Police Station, Chennai District

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 18-03-2026