Ashok Kumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 12.03.2026 for the alleged offences under Sections 366, 342, 354A(2), 451 IPC and Section 7 r/w 8 and Section 11(1) r/w 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, in Crime No.8 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is running a pawn broker shop at Tiruvottiyur, sexually assaulted the victim girl aged 14 years on two occasions. On the first occasion, he induced her into his shop and touched her inappropriately. On the second occasion, he kidnapped her in a car and committed sexual assault on her. He threatened her not to disclose the incident. Hence, the present case.

The learned counsel for the petitioner submitted that there was dispute between the petitioner and the de facto complainant, and taking advantage of a dispute between them, the de facto complainant has misused her daughter and lodged a false complaint in order to settle scores. Hence, he prayed for grant of bail.

The learned Government Advocate (Crl.Side) appearing for the respondent police produced the statement recorded under Section 183 of the BNS, wherein there is no allegation against this petitioner, and the victim has not supported the prosecution case.

Taking into consideration of the totality of the circumstances and upon the fact that the petitioner has been in incarceration since 12.03.2026, and also considering the stage of investigation, this Court is inclined to enlarge the petitioner on bail, subject to certain stringent conditions.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Trial of Cases under POCSO Act Court, Tiruvallur, 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 report before the respondent police as and when required for interrogation;

[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.