Surendran v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Surendran ..Petitioner(s) Vs State rep by, The Inspector of Police, All Women Police Station - West, Coimbatore City.

Crime No.6/2026.

..Respondent(s) Criminal Original Petition filed under Section 483 of BNSS to enlarge the petitioner on bail pending trial of the case in Spl.S.C.No.152 of 2026 on the file of the learned Sessions Judge, Principal Special Court for Exclusive trial of cases under POCSO Act, Coimbatore.

For Petitioner(s):

Mr.M. Vijayaragavan For Respondent(s):

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

ORDER

The petitioner/sole accused, who was arrested and remanded to judicial custody on 28.03.2026, for the offences under Sections 9(m), 9(l) r/w. 10 of POCSO Act, 2012, and Section 127(2) of BNS, 2023 (Old corresponding

Section 340 IPC) in Crime No.6 of 2026 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the de facto complainant is the mother of the victim boy aged about 10 years. It is the case of the de facto complainant that the petitioner wrongfully confined the victim boy and committed aggravated sexual assault on the victim boy. Hence, the case. 3.Learned counsel for the petitioner would submit that the petitioner has never committed any offence and he has been falsely implicated in the case. He would further submit that the petitioner is in incarceration for nearly two months and hence, he prays for grant of bail. 4.Per contra, Mr.R.Vinothraja, learned Government Advocate (Crl. Side) appearing for the respondent Police, would submit that the offences are grave in nature and the statement of the victim has been recorded, investigation was completed and charge sheet has also been filed and hence, 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 statement of the victim boy has been recorded, investigation was completed and charge sheet has also been filed, and also considering the period of incarceration of the petitioner for nearly two months, 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 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 Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, and on further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, on all working days at 10.30 a.m. for a period of 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 Index: Yes/No Speaking/Non-speaking order MKN To 1.The Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2.The Inspector of Police, All Women Police Station - West, Coimbatore City.

3.The Public Prosecutor, High Court of Madras.

4.The Superintendent of Police, Central Prison, Coimbatore.

P.DHANABAL J.

MKN 13-05-2026