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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Raja ..Petitioner Vs The State by, The Inspector of Police, All Women Police Station at Kancheepuram, Crime No.31 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.31 of 2026 on the file of the Inspector of Police, All Women Police Station, Kancheepuram.

For Petitioner:

Mr.X.Selvam Sounder For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.06.2026 for the alleged offences under Sections 75(2), 77, 296(b), 351(2) of the Bharatiya Nyaya Sanhita, 2023 r/w Section 11(1) r/w 12 of POCSO Act, in Crime No.31 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner exhibited a part of his body in order to sexually harass the child victim. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner was remanded to judicial custody on 08.06.2026 and that the present case was registered due to a pre-existing enmity between the petitioner's family and the de facto complainant's family. The learned counsel for the petitioner further submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for the grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed to grant bail to the petitioner.

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

6. This Court has perused the FIR, according to which the allegation against the petitioner is that he flashed a minor. In view of these circumstances, considering the period of incarceration undergone by the petitioner since

08.06.2026, the fact that he has no other criminal antecedents and that further custodial interrogation of the petitioner is not required, 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 his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate Court No. 1, Kancheepuram, 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 is directed to stay at Ramanathapuram District and report before the Inspector of Police, B2, Bazar Police Station, Ramanathapuram daily at 10.30 a.m. for a period of 15 days and thereafter 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.

25-06-2026 NSL 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 learned Judicial Magistrate No.1, Kancheepuram.

2. Central Prison, Vellore.

3. The Inspector of Police, All Women Police Station at Kancheepuram.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 25-06-2026