D.Ajith vs State Of Tamil Nadu

C.Kumarappan, J

The petitioner apprehends arrest at the hands of the respondent police for the alleged offence under Section 6 of POCSO Act, in Crime No.56 of 2026 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that on 14.02.2026, the petitioner is the close relative of the defacto complainant; that the defacto complainant was staying in the petitioner’s house and continuing her studies; that both had a love affair and that the petitioner had committed sexual assault on the victim girl. Hence, the case.

The learned counsel for the petitioner would submit that it is only an adolescent relationship and that the petitioner is aged about 25 years and the victim girl is aged 17 years. Even according to the victim girl, it was only a consensual relationship and that the complaint was registered only when she went to the hospital and the hospital authorities found that the victim girl is pregnant and thereafter, the present case has been filed.

Though the learned Public Prosecutor (Puducherry) would oppose the anticipatory bail application, considering the fact that the occurrence took place on 15.10.2025 and the FIR was registered on 14.02.2026 and further, from perusing the statement of the victim girl recorded under Section 183 of BNSS, 2023, this Court could able to find ingredients to bring the relationship between the petitioner and the victim girl is an adolescent relationship and the victim girl has also stated that as soon as she attained majority, the petitioner would marry her. Hence, taking into consideration of the totality of the circumstances and there is no serious allegation against this petitioner, except the consensual relationship between them and upon the fact that even according to the victim, the petitioner promised to marry her after she attained majority, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions:

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the Judicial Magistrate Court – VI, Puducherry, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of 15 days and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.