Ilaiyaraja v. Statereb.By Its, The Inspector Of Police.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Ilaiyaraja ..Petitioner(s) Vs State Rep.By The Inspector of Police.
All Women Police Station, Tiruttani, C.No.17/2026.
..Respondent(s) Criminal Original Petition filed under Section 483 of BNSS to enlarge the petitioner on bail pending investigation in Crime No.17 of 2026 on the file of respondent police.
For Petitioner(s):
Mr.D.Dayalan For Respondent(s):
Mr.R.Vinothraja, Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.04.2026 for the offences under Sections 7 r/w. 8 of the POCSO Act, 2012, in Crime No.17 of 2026 on the file of the respondent Police, seeks bail.
2.The case of the prosecution is that, on 05.04.2026, at about 21.58 hours, the victim girl aged about 15 years and studying in 10th Std., went to their grandmother's house in Sholinghur Mottur by Bus and at about 6.30 p.m., when they were travelling near Sholinghur Kondapuram Bus Stop, the petitioner, who was the Conductor in the Bus, with sexual intent, came near the victim girl and committed bad touch. Hence, the case.
3.Learned counsel for the petitioner would submit that the petitioner is innocent and a law abiding citizen and he has not committed any offence as alleged by the prosecution. Further, when the Bus stopped suddenly, the petitioner fell down on the complainant accidentally. However, he has been falsely implicated in the case. The learned counsel would further submit that the petitioner is in incarceration for more than a month. Therefore, he prays for grant of bail.
4.Mr.R.Vinothraja, learned Government Advocate (Crl. Side) appearing for the respondent Police, would submit that the petitioner has committed aggravated sexual assault on the victim girl and when the victim tried to rise from the seat, he has prevented her and pulled her hand. Therefore, he opposes for grant of bail.
5.Heard the learned counsel on either side and perused the entire materials on record.
6.Considering the rival submissions and the nature of offence and also considering the fact that the petitioner has no bad antecedents and also having regard to the period of incarceration undergone by the petitioner for more than a month, I am inclined to grant bail to the petitioner, subject to the following conditions:
[a] the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur District, and on further conditions that:
[b] the petitioner shall report before the All Women Police Station, Tiruttani, daily at 10.30 a.m. for 30 (thirty) days. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
13-05-2026 MKN 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, Tiruvallur District.
2.The Inspector of Police.
All Women Police Station, Tiruttani.
3.The Public Prosecutor, High Court, Madras.
4.The Superintendent, Central Prison No.1, Puzhal.
P.DHANABAL J.
MKN 13-05-2026