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Madras High CourtCRL OP/12594/2026granted

Muniraj v. The State Rep By, The Inspector Of Police

2026-05-20Honourable Mr.Justice R.Sakthivel7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Muniraj S/o. Balathandayudham, Residing at No.471 Koil Street, Thappur Colony, Pazayapalayam, Palayam Mottur, Arakkonam, Ranipet District.

..Petitioner / Accused Vs The State rep by, the inspector of police Arakkonam All Women Police Station, Ranipet District.

Crime No.5 of 2026 ..Respondent/ Complainant PRAYER :- The Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail in Spl.SC.No.60 of 2026 on the file of the Principal District Court, Ranipet in Crime No. 5 of 2026 on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.D.Thanus Kumar For Respondent(s):

Mr.L.Baskaran, Government Advocate (Criminal Side) For defacto complainant:

Ms.Nivia. S.R.

for M/s.Deepika Murali

ORDER

This Criminal Original Petition has been filed by the petitioner on 12.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 praying to grant bail.

2. The petitioner / Accused was arrested and remanded to judicial custody on 21.01.2026 for the alleged offence punishable under Sections 5(j)(ii), 5(l) and 6 of POCSO Act, in Crime No.5 of 2026 on the file of the respondent police.

3. The case of the prosecution is that, in the year 2025, the petitioner, who was teaching the victim girl, allegedly developed a relationship with her while she was a minor child studying in the 12th standard and had sexual intercourse with her, as a result of which the victim girl became pregnant and the same was aborted. Hence the case.

4. Mr.D.Thanuskumar, the learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody since 21.01.2026. He, therefore, prays to grant bail to the petitioner.

5. M/s.Nivia, the learned counsel appearing for the defacto complainant submits that the petitioner had committed a serious offence punishable under Section 5(j)(ii), 5(l) and 6 of POCSO Act. She further submits that the petitioner and the defacto complainant belong to the same locality. She also submits that the petitioner, being a tuition teacher, had committed sexual assault on the victim girl, who was aged about 16 years. Hence, she prays to dismiss the bail petition.

6. Per contra, Mr.L.Baskaran, the learned Government Advocate (Criminal Side) appearing for the respondent police, submits that the petitioner is a tuition teacher and committed the sexual assault on the victim girl, who is aged about 16 years while she was studying in the 12th standard. He further submits that the pregnancy is aborted and the foetus was taken for DNA test and that the next date of hearing is on 02.06.2026 for the appearance of the petitioner. He further submits that the investigation is completed and the charge sheet has also been filed and the same is taken on file in Spl.SC.No.60 of 2026 on the file of the Principal District Court, Ranipet. Accordingly, he prays for the dismissal of this petition.

7. Heard on both sides. This Court has perused the records including the statement of the victim girl recorded under Section 183 of BNSS.

8. Considering the facts and circumstances of the case and the nature of the offence committed by the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner, however, subject to conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the Principal District Court, Ranipet.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Principal District Judge shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall stay at Salem and sign before the learned Judicial Magistrate, Salem daily twice at 10.30 a.m and 5.30 p.m until further orders, except on the date of hearing before the trial Court. (iv) The petitioner shall not enter into the defacto complainant's house or her work place.

(v) The petitioner shall furnish his residence address and mobile number to the Principal District Judge, Ranipet.

(vi) The petitioner shall not, directly or indirectly, cause any threat to the victim girl, defacto complainant and witnesses and shall not tamper the evidence.

(vii) On breach of any of the aforementioned conditions, the learned Principal District Judge, Ranipet is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

20-05-2026 DRL

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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Principal District Court, Ranipet.

2.The Superintendent, Central Prison, Vellore.

3.The Inspector of police Arakkonam All Women Police Station, Ranipet District.

4.The Public Prosecutor, High Court, Madras.

5.The Judicial Magistrate, Salem.

R.SAKTHIVEL, J.

DRL 20-05-2026