Rengasami vs State Of Tamil Nadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 29.03.2026, for the offences punishable under Sections 11(4), 12, 7, 8 of the POCSO Act and Section 329(4) of BNS and Section 9 of Prohibition of Child Marriage Act, 2006, in Crime No.19 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the accused person has harassed the victim child, who is aged about 14 years. He trespassed into the house of the victim girl and touched her with sexual intention and tied a thali to her on 24.03.2026. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Hence, he prayed bail for the petitioner.

The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The accused person tied a thali to the victim girl, who is aged about 14 years and asked her to act as a wife to him. Investigation has been completed and charge sheet has also been filed. The accused has no previous case. He vehemently opposed the grant of bail to the petitioner.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, the investigation has been completed, final report has been filed before the concerned Court and the same was taken for trial and the petitioner has no previous case and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur, and on further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur, at 10.30 a.m., on all working days until further orders:

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.