Arasu v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI CRL.OP.No. 10709 of 2026 Arasu ..Petitioner

Versus

State rep by The Inspector of Police, North All Women Police Station Tiruppur Crime No. 3 of 2026.

..Respondent Prayer: Criminal Original Petition filed under Section 483 of BNSS Act, 2023 praying to enlarge the petitioner on bail in Crime No.3 of 2026 pending on the file of the respondent.

For Petitioner:

Mr.P.Thinesh For Respondent:

Mr.V.J.Priyadarsana Government Advocate [Criminal Side]

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.01.2026 for the offences punishable under Section 5(1) & 5(j)(ii) r/w. Section 6 of POCSO Act, in Crime No.3 of 2026 on the file of respondent police seeks bail.

2. The allegation against the petitioner is that the petitioner who is aged about 19 years had love affair with the victim minor girl who aged about 16 years. He had sexual intercourse with the victim minor girl. Hence, the respondent police registered a case against him based on the complaint lodged by the father of the victim minor girl. The respondent police arrested the petitioner and remanded to judicial custody on 10.01.2026. 3.The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner was arrested and remanded to judicial custody from 10.01.2026 and he is ready to co-operate with the investigation. Hence, he prayed to grant bail to the petitioner. 4.Mr.V.J.

Priyadarsana, learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner had physical relationship with the victim minor girl who is aged about 16 years under the guise of love affair. He further submitted that investigation is not yet completed. Therefore, he opposed to grant bail to the petitioner.

5.Considering the period of incarceration of the petitioner from 10.01.2026; that the investigation almost has been completed, 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 Sessions Judge, Mahalir Neethimandram, (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] that the petitioner shall report before the respondent police daily at 10.30 am until further orders. [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.

06.05.2026 Index: Yes/No Speaking/Non-speaking order MSM To 1.The Sessions Judge, Mahalir Neethimandram, (Fast Track Mahila Court), Tiruppur.

2.The Superintendent, Central Prison, Coimbatore. 3.The Public Prosecutor, High Court of Madras. 4.The Inspector of Police, North All Women Police Station Tiruppur Crime No. 3 of 2026.

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.

L.VICTORIA GOWRI, J., MSM 06.05.2026