Muralikarthick vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 27.01.2026 for the alleged offence under Section 87 of BNS, 2023 and Sections 11(1), 11(4) r/w 12 of POCSO Act and subsequently altered to Section 87 of BNS, 2023 and Sections 11(1), 11(4) r/w 12 and 5(l) r/w 6 of POCSO Act, 2012, in Crime No.6 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner and the victim had a love affair; that the petitioner had taken the victim girl to his house and surrounding locality and forcibly had sexual intercourse with her on many occasions. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and he has been under incarceration since 27.01.2026. He would further submit that it is the case of a love affair and a false complaint has been foisted. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for the grant of bail.

The learned Government Advocate would oppose the bail application and has produced the statement of the victim recorded under Section 183 of BNSS, 2023, by the Magistrate on 28.01.2026.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

While perusing the statement of the victim recorded under Section 183 of BNSS, 2023, this Court could only able to find out the adolescent relationship between the victim and the petitioner. The age of the petitioner is 21 and the age of the victim is 15. Hence, taking into consideration of the totality of the circumstances and that there are no allegations as to the forcible sexual assault against this petitioner, this Court is inclined to enlarge him on bail with certain stringent 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 each for a like sum, to the satisfaction of the learned Sessions Judge, Principal POCSO Court, Salem, 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 report before the respondent police daily at 10.30 a.m and 5.30 p.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 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 petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.