Rajesh v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.9261 of 2026 Rajesh ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

(Crime No.19 of 2026) ... Respondent/Complainant For Petitioner : Mr.P.Veerapandi, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with in Crime No.19 of 2026 pending on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 07.04.2026 for the offences under Sections 5(1), 5(j)(ii) r/w 6 of the POCSO Act in Crime No.19 of 2026 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant loved each other. On false promise of marrying the defacto complainant, the petitioner had sexual intercourse with her and consequently, she got pregnant and delivered a male child on 04.04.2026. Hence, the complaint

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 07.04.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor produced the statement of the victim girl recorded under Section 183(5) of BNSS before this Court and opposed the grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the age of the petitioner and considering the statement of the victim girl recorded under Section 183(5) of BNSS and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on 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 learned Judicial Magistrate, Sankarankovil, Tenkasi District and on further conditions that :- [a] the sureties shall affix their photographs and Left 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 appear and sign before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with 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 BNS.

(S S Y J) 06.05.2026 TSG To

1. The Judicial Magistrate, Sankarankovil, Tenkasi District.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

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

S.SRIMATHY,J.

TSG

ORDER

IN CRL OP(MD) No.9261 of 2026 Date : 06.05.2026