Sanmugam v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sanmugam ..Petitioner Vs The State Rep By, The Inspector of Police W-14, AWPS Tiruvottiyur, Chennai.
Crime No.02 of 2026.
..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in Crime No.02 of 2026 on the file of W-14, All Women Police Station Tiruvottiyur.
For Petitioner:
Mr.D.Chandrakumar For Respondent:
Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Order The petitioner, who was arrested and remanded to judicial custody on 13.01.2026 for the alleged offence under Section 7 r/w. 8, 9(i) r/w.10 of POCSO Act in Crime No.02 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that when the victim girl was traveling in an auto to reach the school, the auto driver, who is the petitioner herein had
attempted to commit sexual assault on the minor victim girl. Hence, this case.
3. The learned counsel for the petitioner submitted that the petitioner has been incarcerated since 13.01.2026. He also submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted 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 the statement given by the victim had been recorded under section 183 of BNSS. 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 and taking into consideration the totality of the statement given by the victim girl and upon the fact that the petitioner has been incarcerated since 13.01.2026, at this stage, investigation might have been completed and hence, 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, Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur, 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. and 05.30 p.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, Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur
2. The Puzhal Prison, Chennai
3. The Inspector of Police W-14, AWPS Tiruvottiyur, Chennai.
4. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL 18-03-2026