Sivasurya v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.05.2026
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Sivasurya
...Petitioner
Vs.
State of Tamil Nadu, Rep. by its Inspector of Police, AWPS Harur, Dharmapuri District.
Crime No.25 of 2025.
...Respondent
Criminal Original Petition filed under Section 483 of BNSS, seeking to enlarge the petitioner on bail in Crime No.25 of 2025, pending on the file of the respondent police.
For Petitioner : Mr.Balasivasubramanian K For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 03.12.2025 for the offences punishable under Sections 7, 8, 11(1) and 12 of POCSO Act and Sections 126(ii), 296 and 351 of BNS, 2023, in Crime No.25 of 2025, on the file of the respondent police, seeks bail. Page No.1 of 6
2. The case of the prosecution is that the petitioner is a married man; that he had intercepted three minor girls and committed sexual assault against them. Hence, the case.
3. Learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that, he is in judicial custody since 03.12.2025. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and also undertakes not to tamper with the witnesses. Hence, he prayed that the petitioner may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that though there are no previous cases pending against the petitioner, the offences committed by the petitioner are of heinous in nature. He further submitted that the investigation in this case has been completed and the final report has been filed before the Court concerned. Hence, he strongly opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record. Page No.2 of 6
6. Considering the rival submissions made by the learned counsel on either side, nature of offences and also considering the fact that there are no previous cases pending against the petitioner and that the investigation has already been completed and considering the duration of custody undergone by the petitioner, I am 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 Special POCSO Judge, Dharmapuri, and on further conditions that:
[b] the petitioner shall report before the POCSO Court concerned everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not commit any offence similar to the offence of which he is an 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 them 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 Page No.3 of 6
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 269 of B.N.S.
14.05.2026 rap 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.
Page No.4 of 6
To:
1. The learned Special POCSO Judge, Dharmapuri.
2. The District Jail, Dharmapuri.
3. The Inspector of Police, AWPS Harur, Dharmapuri District.
4. The Public Prosecutor, High Court, Madras.
Page No.5 of 6
P.DHANABAL , J.
rap 14.05.2026 Page No.6 of 6