Dhanasekar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Dhanasekar ... Petitioner(s) Vs.

The State rep. by The Inspector of Police, W-30, All Women Police Station, Neelankarai, Chennai - 600 041.

... Respondent(s) Crime No.5 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.5 of 2026 pending on the file of the respondent police.

For Petitioner(s) : Mr.S.Venkatesan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.03.2026 for the alleged offence under Section 4 of the POCSO Act, in Crime No.5 of 2026 on the file of the respondent police, seeks bail. 1/6

2. It is the case of the prosecution that the petitioner had misbehaved with the victim girl, aged 15 years. Hence, the case.

3. The learned counsel for the petitioner would submit that the victim girl was in a relationship with a woman and that, since the petitioner had advised the victim girl regarding such relationship and the victim girl did not like it, she had lodged a false complaint against the petitioner. He would further submit that the petitioner has been in custody since 28.03.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the petitioner has no bad antecedents. He also furnished the statement of the victim girl recorded under Section 183 of BNSS and further submitted that a major portion of the investigation has already been completed.

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5. Considering the above facts and circumstances, particularly the period of incarceration undergone by the petitioner, the fact that the petitioner has no bad antecedents, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on their 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, 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 report before the respondent police everyday at 10.30 a.m.for a period of two weeks and thereafter 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; 3/6

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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.

22.06.2026 skr 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. 4/6

To

1. The learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai

2. The Superintendent, Central Prison, Puzhal, Chennai

3. The Inspector of Police, W-30, All Women Police Station, Neelankarai, Chennai - 600 041.

4. The Public Prosecutor, High Court of Madras 5/6

C.KUMARAPPAN,J.

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