Madhankumar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2026 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2252 of 2026 Madhankumar ... Petitioner -vsState Rep by, The Inspector of Police, Vaniyambadi All Women Police Station, Vaniyambadi, Tirupathur District.
(Crime No.33 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.33 of 2025 on the file of the respondent police.
For Petitioner :
Mr.G.Vinodhkumar For Respondent :
Mr.A.Gopinath Government Advocate (Crl. Side) *********
ORDER
The petitioner, who was arrested and remanded to judicial custody on 24.10.2025 for the offences punishable under Sections 5(j)(ii) r/w 6 of POCSO Act, 2012 in Crime No.33 of 2025, registered on the file of the respondent police, seeks bail.
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2. The allegation against the petitioner is that the petitioner is the neighbour of the victim girl aged about 16 years. It is alleged that taking advantage of the victim's age, he committed aggravated penetrative sexual assault, which resulted in causing pregnancy. It is further alleged that the victim was taken to the hospital, due to illness, and it was revealed that the petitioner committed aggravated penetrative sexual assault. Hence, the complaint was lodged and the petitioner was arrested and is in judicial custody.
3. Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.OP.No.32999 of 2025 dated 02.12.2025 on the ground that the investigation is still pending.
4. Now, the learned counsel for the petitioner submitted that the investigation is completed and the final report filed and the same was not taken on file.
5. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also considering the statements of victim, this Court is inclined to grant bail with certain conditions.
6. 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 each, for a like sum to the satisfaction of the learned Sessions Court, Tirupathur, and on further conditions that: [a] the sureties shall affix their photographs and Left 2/5
Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall stay at Cuddalore and report before the Judicial Magistrate No.I, Cuddalore, daily at 10.30 a.m., for a period of three 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; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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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 Sessions Court, Tirupathur.
2.The Inspector of Police, Vaniyambadi All Women Police Station, Vaniyambadi, Tirupathur District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
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