Aravindhan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the alleged offence under Section 5(l)(m) r/w 6, 9(l)(m) r/w 10 of Protection of Child from Sexual Offence Act, 2012 and 449, 376(AB) and 344 of IPC [BNS 65(2), 332(a), 127(4)] in Crime No.8 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner has committed sexual assault on the victim girl. Hence, this case.

The learned counsel for the petitioner submitted that the petitioner has been incarcerated since 23.01.2026. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and has produced the statement given by the victim girl recorded by the learned Judicial Magistrate, Coimbatore on 16.02.2026. Hence, he opposed the grant of bail to the Petitioner.

I have given my anxious consideration to either side submissions and perused the materials available on record.

From the submissions made by the learned counsel on either side and taking into consideration the long incarceration of the petitioner since 23.01.2026 and the nature of allegation made against this petitioner and from the fact that there is no serious allegation against this petitioner in the statement given by the victim under section 183(5) of BNSS. this Court is inclined to enlarge the petitioner on bail on certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the Principal Special Court for POCSO Act, Coimbatore, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall stay at Dharapuram and report before the Inspector of Police, Dharapuram Police Station, Tiruppur District 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 the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.