Dhanush v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Dhanush Petitioner(s) Vs

1. State, represented by The Inspector of Police, AWPS, Redhills, Thiruvallur District. Crime No.51 of 2025 Respondent(s) PRAYER To enlarge the petitioner on bail in Crime.No.51 of 2025, on the file of the Inspector of Police, All Women Police Station, Redhills, Tiruvallur District on such terms and conditions.

For Petitioner(s):

Mr. P.Chandrasekar For Respondent(s):

Mr. S. Vinoth Kumar Govt. Advocate (Crl. Side)

ORDER

The petitioner / Accused, who was arrested on 04.11.2025 and remanded to judicial custody on the same day for the offences punishable under Sections 5 (I), 5 (j) (ii) r/w. Sections 6 (1) and 17 of POCSO Act, 2012 in Cr. No.51 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner had kidnapped the victim girl and made sexual harassment. Hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner under Sections 5 (I), 5 (j) (ii) r/w. Sections 6 (1) and 17 of POCSO Act, 2012 and the petitioner was arrested and remanded to judicial custody on 04.11.2025 for the alleged offence that took place in the year 2024. The petitioner has nothing to do with this incident. The petitioner is in judicial custody since 04.11.2025 and hence, he prayed that the petitioner may be released on bail.

4. The learned Government Advocate (Criminal Side) would submit that there is a love affair between the petitioner and the victim girl and the petitioner had kidnapped the victim girl and made sexual harassment and the petitioner was remanded to judicial custody on 04.11.2025 and that the investigation is complete and charge sheet has also been filed. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering the fact that there is a love affair between the petitioner and the victim girl and also

considering the period of incarceration of the petitioner from 04.11.2025, and already the investigation was completed and charge sheet has also been filed, I am inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned POCSO Court, Tiruvallur and on further conditions that: [b] the petitioner shall report before the concerned POCSO Court on all working days at 10.30 a.m. until further orders. [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she 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 229A IPC.

[h] The petitioner shall not contact the victim girl at any point of time. 26-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab 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 official website of this Court will be watermarked and will also have a QR code.

To 1.State, represented by The Inspector of Police, AWPS, Redhills, Thiruvallur District. Crime No.51 of 2025 2.The Public Prosecutor, Madras High Court, Chennai.

3. The POCSO Court, Tiruvallur.

4. Central Prison, Puzhal, Chennai.

P.DHANABAL J.

ab CRL OP No. 35765 of 26-12-2025