Peter @ Binu v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Colachel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10591 of 2026 Peter @ Binu

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Colachel All Women Police Station, Nagercoil, Kanniyakumari District.

(Crime No.43 of 2025)

...Respondent/Complainant

For Petitioner : Mr.A.B.Jeeva Advocate For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 43 of 2025 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 06.12.2025, for the offences punishable under and Sections 87 of BNS and Sections 5(L) and 6 of POCSO Act, in Crime No.43 of 2025 on the 1/6

file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner developed love affairs with the victim girl through instagram and by false promise misbehaved with her and committed offences constituting under Section 5(L) and 6 of the POCSO Act. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Due to the previous enmity this false case has been foisted against the petitioner. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The petitioner developed love affair with the victim girl and also committed sexual assault upon her. The petitioner has one previous case. Investigation has been completed and charge sheet has been filed and the case is pending before the trial Court in S.C.No.2 of 2026 for framing of charges. Hence, he opposed the grant of bail to the petitioner.

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5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, there is love affair between the petitioner and the victim girl, investigation has been completed and charge sheet has also been filed and the case is pending for framing of charges in S.C.No.2 of 2026 before the Special Court, and 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 District and Sessions Judge, Special Court for POCSO Act Cases, Kanniyakumari District at Nagercoil, and on further conditions that:

[b] the petitioner shall report before the learned District and Sessions Judge, Special Court for POCSO Act Cases, Kanniyakumari District at Nagercoil, at 10.30 a.m., on all 3/6

working days, 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 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) 11.06.2026 TM 4/6

To 1.The District and Sessions Judge, Special Court for POCSO Act Cases, Kanniyakumari District at Nagercoil.

2.The Inspector of Police, Colachel All Women Police Station, Nagercoil, Kanniyakumari District. (Crime No.43 of 2025) 3.The Superintendent, Central Prison, Nagercoil. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10591 of 2026 Date : 11.06.2026 6/6