Balu v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
1. Balu S/o.Kuppusamy Udaiyar, No.25, G-1, D.K.Builder Appts, 7th Street,Sri Devi Nagar, Gopurasanallur, Kattupakkam, Thiruvallur District.
Petitioner(s) Vs
1. The State Rep by, The Inspector of Police, AWPS Poonamallee Police Station, Tiruvallur. Cr.No.31/2025.
Respondent(s) PRAYER To enlarge the petitioner on bail concerned in Cr.No.31/2025 on the file of the Inspector of Police, AWPS Poonamallee Police Station, Thiruvallur. For Petitioner(s):
Mr. R.Parthiban For Respondent(s):
Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
ORDER
The petitioner was arrested and remanded to judicial custody on 28.11.2025, for the alleged offences punishable under Section 7 r/w 8 of POCSO Act in Crime No. 31 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the victim girl went to a Xerox shop where the petitioner was employed. It is alleged that the petitioner misbehaved with the victim girl. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has no connection with the alleged incident and has been falsely implicated. He would further submit that the petitioner was arrested and has been in judicial custody since 28.11.2025. Hence, he prayed bail for the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case. He further submitted that the petitioner has no previous case pending against him.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the nature of offences and the statement of the victim has already been recorded and further upon perusing the said statement and the materials available on record and also taking into account the period of
incarceration undergone by the petitioner and the fact that no previous case is pending against him, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
[a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur and on further conditions that:- [b] the petitioner shall report before the POCSO Court on every working day at 10.30 a.m. until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or
tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
26-12-2025 AT 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 State Rep by, The Inspector of Police, AWPS Poonamallee Police Station, Tiruvallur. Cr.No.31/2025.
2.The Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur.
3.The Superintendent, Central Prison, Puzhal.
4.The Public Prosecutor High Court of Madras.
P.DHANABAL J.
AT/MPA CRL OP No. 35416 of 26-12-2025