Nivin vs State

C.Kumarappan, J

AThe petitioner, who was arrested and remanded to judicial custody on 08.03.2026 for the alleged offence under Sections 5(l), 5(j)(ii) r/w 6 of POCSO Act, 2012, in Crime No.20 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is 20 years and the victim is 15 years; that they are close relatives and they had a love affair; and that the petitioner had committed forcible sexual assault against the victim. Hence, the case.

The learned counsel for the petitioner would submit that it is an adolescent relationship and that the petitioner is under incarceration since 08.03.2026. He would further submit that for the occurrence took place on 21.09.2025, the FIR came to be registered only on 14.02.2026.

At this juncture, 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 26.02.2026 and submit that the statement of the victim would disclose the factum of sexual assault.

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

At this juncture, the learned Government Advocate would invite the attention of this Court in respect of the FIR, where this Court could able to find the material so as to bring the incident as an adolescent relationship, as there are no serious allegation against this petitioner, except the compulsion made by the petitioner to have sexual relationship. Though there are allegation in the statement of the victim recorded under Section 183 of BNSS, while look at the said statement in the backdrop of the FIR, this Court is of the view that the relationship appears to be an adolescent relationship and that the age of the petitioner is 20 and he is close relative to the victim. Hence, taking into consideration of the totality of the circumstances, this Court is inclined to enlarge the petitioner 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 Special POCSO Court, Dharmapuri, 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 Coimbatore and report before the Inspector of Police, Singanallur Police Station daily at 10.30 a.m., for a period of 45 days;

[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.