Suresh v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Suresh ..Petitioner(s) Vs The State Rep. By, The Station House Officer, Mangalam Police Station, Puducherry.

Crime No.54 of 2026.

..Respondent(s) Prayer: Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in Crime No.54 of 2026 on the file of the Respondent. For Petitioner(s):

Mr.B.Balavijayan For Respondent(s):

Mr.V.Ramachandra Murthy Public Prosecutor (Puducherry) assisted by Mr.M.Thamizhmani

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.05.2026 for the alleged offences under Sections 329(4) of BNS 2023 and Section 8 of the PCOSO Act, in Crime No.54 of 2026 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he, having a workshop near the residence of the victim girl, had inappropriately touched the victim and abused her.

3. The learned counsel for the petitioner submitted that the petitioner has been in judicial custody since 01.05.2026. It was further submitted that the petitioner and the victim's family are neighbours, and that the petitioner is running a workshop near the victim's residence, and that there was previous enmity between them. It was also submitted that the alleged occurrence took place on 15.04.2026, and that the FIR was registered only on 30.04.2026. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side), appearing for the respondent police, while reiterating the prosecution case, produced a copy of the statement of the victim girl recorded under Section 183 of the BNSS, 2023, wherein there are references to certain instances of inappropriate touching. Hence, he opposed the grant of bail to the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side.

6. Taking into consideration the totality of the circumstances, the statement recorded under Section 183 of BNSS and the fact that the petitioner has been in incarceration since 01.05.2026, this Court is of the firm view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties each for a like sum, to the satisfaction of the Fast Track Court exclusively to deal with Offences under POCSO Act-2012, Puducherry, and subject to the following conditions:

[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] the petitioner shall stay at Coimbatore and shall report before the Inspector of Police, Saibaba Colony Police Station everyday at 10.30 a.m. for a period of 30 days and thereafter shall appear before the respondent police as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

02.06.2026 Index: Yes/No Speaking/Non-speaking order dpa 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 Fast Track Court exclusively to deal with Offences under POCSO Act-2012, Puducherry.

2.The Superintendent, Central Prison, Puducherry. 3.The Station House Officer, Mangalam Police Station, Puducherry. 4.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

dpa 02.06.2026