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Madras High CourtCRL OP/6975/2026granted

Vignesh @ Yuvaraj 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 Vignesh @ Yuvaraj ..Petitioner Vs The State rep.by, The Inspector of Police, All Women Police Station, Ponneri.

Cr.No.02/2026.

..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in Cr.No.02 of 2026 pending on the file of the respondent police.

For Petitioner:

Mr.D.Senthil Kumar For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Order The petitioner, who was arrested and remanded to judicial custody on 20.01.2026 for the alleged offence under Section 64 of BNS (376 IPC) and 3, 4(2), 5(1), 6(1) 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 the petitioner entered the house of

the de facto complainant and committed forcible sexual assault on the daughter of the de facto complainant. Hence, this case.

3. The learned counsel for the petitioner submitted that there was adolescent relationship between the petitioner and the victim girl. He also submitted that the petitioner was about about 19 years and the victim girl was aged about 17 years at the time of occurrence. The petitioner was arrested on 20.01.2026. It is the submission of the petitioner that the petitioner and victim was in relationship for quite a long time and he has not made any sexual assault. 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 statement under section 183 of BNSS has been recorded from 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 and while going through the statement of the victim girl, the victim girl has stated about their romeo juliet relationship between them for a period of five years.

Further this Court could not find any material as regarding forcible sexual assault against the victim girl in her statement. Considering the age of the victim as well as the relationship between them, and also the duration of incarceration of the petitioner, 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., for a period of two weeks and thereafter, as and when required for interrogation; [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 Central Prison, Puzhal 3.The Inspector of Police, All Women Police Station, Ponneri.

4. 4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 18-03-2026