Sarath @ Rengaraj v. The State Of Tamil Nadu, The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16456 of 2025 Sarath @ Rengaraj ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Vattathikottai Police Station, Pattukottai, Thanjavur District.

(Crime No.550 of 2021) ... Respondent/Complainant For Petitioner : Mr.M.Karunanithi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in connection with Crime No.550 of 2021 in Spl.S.C.No.7 of 2023 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.08.2025 for the offences punishable under Sections 5(1), 6 of POCSO Act, in Crime No.550 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was granted bail by the Trial Court, and thereafter, the condition of bail was also relaxed. The petitioner obtained a job abroad and went there. In the meantime, the respondent filed a final report, and cognizance was taken in Spl. S.C. No. 7 of 2023. Summons were not served, and a non-bailable warrant was subsequently issued.

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 went abroad and therefore, he could not appear before the Trial Court. The petitioner has been in judicial custody from 15.08.2025. Hence, he 2/6

seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner had earlier jumped bail, a non-bailable warrant was issued against him and he was arrested on 15.08.2025. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration the fact that the petitioner went abroad and therefore, could not appear before the Trial Court 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur, and on further conditions that :- 3/6

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the Trial Court daily at 10.30 a.m., and 5.00 p.m., until further orders and co-operate for the trial.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 is 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].

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

(S S Y J) 13.10.2025 jbr To

1. The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur,

2. The Superintendent, Central Prison, Pudukkottai.

3. The Inspector of Police, Vattathikottai Police Station, Pattukottai, Thanjavur District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.16456 of 2025 Date : 13.10.2025 6/6