Manoj Kumar v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.
32011 of 2025 Manoj Kumar ... Petitioner Vs.
State rep by The Inspector of Police W-25, All Women Police Station, T.Nagar, Chennai.
... Respondent (Cr.No.12 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Cr.No.12 of 2025 on the file of the respondent police. For Petitioner : Mr.S.Bharanidharan For Respondent : Mr.A.Gopinath 1/6
Government Advocate (Crl. Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 06.10.2025, for the alleged offence punishable under Section 332, 75 of BNS Act r/w 11(2), 12 of POCSO Act in Cr.No.12 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that while the victim girl was alone in her house, the petitioner went to inside of the house and attempted to misbehave with her. Subsequently, the case has been registered against the petitioner. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that due to property dispute, the property has been falsely implicated in this case and he is in custody from 06.10.2025. He further submitted that the petitioner is not having any previous case and he is ready to abide by any conditions that 2/6
may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the FIR was registered only recently and investigation in this case is pending. Hence, he opposed for grant of bail to the petitioner.
5. I have gone through the materials placed on record and the statement of the victim girl and it is not a case of penetrative sexual assault and the petitioner is in custody from 06.10.2025, I am inclined to grant bail to the petitioner, 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.20,000/- (Rupees Twenty Thousand 3/6
only) with two sureties, for a like sum to the satisfaction of the learned Special Court for the Exclusive Trial of Cases under POCSO Act, Chennai and on further conditions that:
[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 daily at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation;
[c] The petitioner shall cooperate fully with the investigation, including submitting himself to any medical examination as and when required by the Investigating Officer;
[d] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly 4/6
cause any threat to the de facto complainant and witnesses;
[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.11.2025 Vv 5/6
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 Special Court for the Exclusive Trial of Cases under POCSO Act, Chennai
2. The Inspector of Police W-25, All Women Police Station, T.Nagar, Chennai.
3. The Central Prison, Puzhal-2.
4.The Public Prosecutor, High Court of Madras.
6/6
K.RAJASEKAR , J.
Vv Crl.O.P.No.32011 of 2025 7/6
24.11.2025 8/6