Alaguraj vs State

P. Dhanabal, J

The petitioner, who was arrested and remanded to judicial custody on 11.03.2026 for the offences punishable under Sections 11(2), 11(4), 11(5), 12, 13, 14(1) of POCSO Act, 2012 and under Section 67(B)(c) of I.T. Act in Crime No.08 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner and the victim girl were in love relationship since 2023, out of which the petitioner had committed penetrative sexual assault on the victim girl. Hence, this case.

The learned counsel for the petitioner would contend that petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner is under judicial custody since 11.03.2026; and that the petitioner is ready and willing to furnish substantial sureties and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner has no previous antecedents.

Heard both sides and perused the materials available on record.

Considering the rival submissions made on either side, the nature of offences charged against the petitioner, the fact that the petitioner has no previous cases and taking note of the age of the petitioner and the period of incarceration undergone by him, 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 Sessions Court, Magalir Neethi Mandram (Fast Track Mahila Court) at Erode and on further conditions that;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter, as and when required for interrogation;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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 B.N.S.2023.