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Madras High CourtCRL OP/12534/2026granted

Rangan v. Home, Prohibition And Excise Department

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Rangan ..Petitioner(s) Vs State Rep. by The Inspector of police, All Women Police Station, Karumathampatty, Coimbatore District.

Crime No.5 of 2026 ..Respondent(s) PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail in Spl.S.C.No.120 of 2026 pending trial on the file of the learned Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore pending investigation on the file of the respondent and thus render justice.

For Petitioner(s):

Mr.P.Narayana Prasadh For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.03.2026 for the alleged offence under Sections 5(l), 5(m) r/w 6 of POCSO Act, 2012 and Sections 87, 65(2) and 127(2) of BNS, 2023, in Crime No.5 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is aged 70 years and the victim girl is aged 6 years are neighbours; that the petitioner had abducted the victim girl and committed aggravated penetrative sexual assault on the victim girl. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner has been under incarceration since 07.03.2026. He would further submit that the entire issue has come up only to wreck out vengeance in furtherance of a parking issue and that the complainant is none other then the mother of the victim girl. It is the further submission of the learned counsel for the petitioner that the petitioner is aged about 70 years and that charge sheet has been filed and the case has been taken on file as Spl.S.C.No.120 of 2026 before the POCSO Court, Coimbatore.

4. However, the learned Government Advocate would strongly oppose the bail application and produced the statement of the victim girl recorded under Section 183 of BNSS, 2023, by the Magistrate on 10.03.2026 before this Court. By relying upon the statement of the victim, the learned Government Advocate had invited the attention of this Court in respect of the seriousness of the allegation.

5.Heard both sides and perused the materials available on record. 6.Considering the rival submissions and the nature of the offence, and though the learned Government Advocate (Criminal Side) has submitted that the statement of the victim under Section 183 of the B.N.S.S. was placed before this Court and the same has been perused by this Court, and further considering that the investigation has already been completed and the charge sheet has also been filed, and that the case is pending in Spl. S.C. No.120 of 2026, and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Judicial Magistrate - IV, Coimbatore and on further conditions that: [b] the petitioner shall report before the learned Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore on all working days at 10.30 a.m. until further orders.

[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 Index: Yes/No Speaking/Non-speaking order SSR 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, Coimbatore 2.The Judicial Magistrate - IV, Coimbatore 3.The Inspector of police, All Women Police Station, Karumathampatty, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

5.The Superintendent, Central Prison, Coimbatore.

P.DHANABAL, J.

SSR 13-05-2026