Ismoil v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13211 of 2026 Ismoil

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

(Crime No.23 of 2026)

...Respondent/Complainant

For Petitioner : Mr.B.Karthick Raja Advocate For Respondent : Mr.T.Lenin Kumar Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 23 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 07.06.2026, for the offences punishable under Sections 7 and 8 of the POCSO Act , in Crime No.23 of 2026 on the file of the respondent police, 1/6

seeks bail.

2. The case of the prosecution is that the petitioner herein is neighbour to the defacto complainant and he taking advantage of the same, he sexually assaulted on the victim. Hence, on the basis of the complaint lodged by her through the child help line, the case was registered and the petitioner was arrested.

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. He would further submitted that due to sudden quarrel between the petitioner and the defacto complainant the present complaint has been lodged against the petitioner without any basis and it is not an act of committing any sexual assault upon the victim girl, intentionally. The petitioner is in custody from 07.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has molested her in the road. Hence, the 2/6

complaint has been lodged. The Statement of the victim girl under Section 183(5) of BNS has been recorded. The petitioner has no previous case. Hence, he opposed the grant of bail to the petitioner.

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

6. Considering the facts and circumstances of the case, considering the nature of offence, on considering the statement of victim girl recorded under Section 183(5) of BNS, this Court is of the view that the petitioner is entitled for bail and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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, Thoothukudi, and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks, thereafter as and 3/6

when required for interrogation;

[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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J) 03.07.2026 TM 4/6

To 1.The District and Sessions Judge, Special Court for POCSO Act Cases, Thoothukudi.

2.The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District. (Crime No.23 of 2026) 3.The Superintendent, Central Jail, Palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K. RAJASEKAR, J.

TM

ORDER

IN CRL OP(MD) No. 13211 of 2026 Date : 03.07.2026 6/6