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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.1344 of 2026 T. Ramesh ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, All Women Police Station, Thirukoilur, Kallakurichi District.

(Crime No.27 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Spl.S.C.No.413 of 2024 on the file of the learned Principal District Judge, Kallakurichi, Kallakurichi District.

For Petitioner(s) :

Mr. R. Chakkaravarthy For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.04.2024 in Spl.S.C.No.413 of 2024 on the file of the learned Principal District Judge, Kallakurichi, Kallakurichi District for the offences punishable under Sections 342, 354(A), 354(B), 506(2) of IPC r/w Sections 5(l), 6, 17, 21(1) of POCSO Act, 2012 and Section 75 of JJ Act, seeks bail. The earlier bail application of the petitioner was dismissed by this Court on merits, vide order dated 09.12.2024 in Crl.O.P.No.30652 of 2024. 2.

The allegation against the petitioner herein is that, the petitioner had developed an illicit relationship with the mother of the minor victim girl; that while the petitioner visited the house of the victim girl's mother, he had misbehaved with the minor victim girl and committed penetrative sexual assault on her. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 10.04.2024; that the investigation of this case was completed, final report filed in Spl.S.C.No.413 of 2024, however the trial is not 2/6

progressing; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that, since the second accused in this case, who is the mother of the minor victim girl absconded and NBW pending against her, the trial is not progressing.

5.

Considering the above facts and the statement recorded from the victim girl in this case and taking note of the long period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

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 only) with two sureties each, for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Kallakurichi and on further conditions that:

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[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 concerned Trial Court daily at 10:30 a.m., until further orders; [c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of 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 Principal District and Sessions Judge, Kallakurichi.

2. The Inspector of Police, All Women Police Station, Thirukoilur, Kallakurichi District.

(Crime No.27 of 2024)

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

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stn Crl.O.P. No.1344 of 2026 06.02.2026 6/6