Dinesh vs State Of Tamil Nadu

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 10.02.2026 for the alleged offence under Sections 11(2), 11(3), 11(5), 12, 13, 14(1) and 15 of POCSO Act and Section 67 of Information Technology Act, in Crime No.12 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that the victim girl is aged 17 years and the petitioner is aged 23 years; that on 25.10.2026 at about 6.00 p.m., the petitioner shared his naked photo to the victim’s Instagram ID and forced her to look at it; that thereafter, the petitioner threatened the victim girl to sent her naked photos to him and thus committed the above said offences. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is 23 years old and the victim girl is aged 17 years old and they know each other and that there was no sexual assault. Even according to the prosecution, it was only the petitioner demanded an objectionable photos of the victim.

At this juncture, the learned Government Advocate (Crl. Side) appearing for the respondent produced the statement of the victim recorded under Section 183 of BNSS, 2023 by the Magistrate, where this Court could able to understand that there were certain acquaintance between petitioner and the victim girl and there is no physical sexual relationship.

However, as rightly submitted by the learned counsel for the petitioner, the case was registered based upon the request made by the petitioner for the objectionable photos of the victim girl. In this case, the petitioner is under incarceration since 10.02.2026. Hence, at this length of time, no more custodial interrogation of the petitioner is required. Hence, this Court is inclined to enlarge the petitioner on bail. However, taking into consideration of the totality of the circumstances, this Court would like to impose 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, Principal POCSO Court, Salem, and subject to the following conditions:

[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 Trichy and report before the Palakkarai Police Station, everyday at 10.30 a.m for a period of 30 days and thereafter, 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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.