Sathiyaraj v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sathiyaraj ... Petitioner/Accused Vs The State of Tamilnadu Rep.,By, the Inspector of Police, All Women Police Station, Pudukkottai District (Crime No. 5 of 2026). ... Respondent/Complainant For Petitioner : M/s. G.Mathavan Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- 1/7

For Bail in Crime No. 5 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 29.03.2026 for the offences punishable under Sections 5(j)(ii), 5(l), 5(n), 6(l) of POCSO Amendment Act, 2012 r/w Section 351(2) of BNS, 2023 in Crime No. 5 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to love affair, the petitioner had physical relationship with the victim girl on several times, due to which, the victim got pregnant. Based on the complaint given by the Government Hospital employee, the case has been registered against the petitioner. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely 2/7

implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 29.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered under Sections 5(j)(ii), 5(l), 5(n), 6(l) of POCSO Amendment Act, 2012 r/w Section 351(2) of BNS, 2023 in Crime No. 5 of 2026. He would further submit that the investigation was completed and the charge sheet was filed and the petitioner has no previous case. He would further submit that the statement of the victim was recorded under Section 183 of B.N.S.S. He would further submit that the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials 3/7

available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that investigation was completed and the charge sheet is filed and also considering the statement of the victim recorded under Section 183 of B.N.S.S and the petitioner has no previous case and also considering the period of incarceration undergone by the petitioner, this Court is 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 Judge, Mahila Court, Pudukottai, and on further conditions that:

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[b] the petitioner shall report before the Judge, Mahila Court, Pudukottai, 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 he/she is accused, or suspected, or of the commission of which he/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 her 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 5/7

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.

(P D B J) 01.06.2026 APD TO

1. The Judge, Mahila Court, Pudukottai.

2. The Superintendent, District Prison, Pudukottai.

3. The Inspector of Police, All Women Police Station, Pudukkottai District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J APD

ORDER

IN CRL OP(MD) No.8793 of 2026 Date : 01/06/2026 7/7