Sasikumar vs State

C.Kumarappan, J

1.The petitioner, who was arrested and remanded to judicial custody on 04.02.2026 for the alleged offences under Sections 5(l), 5(j)(ii), Section 6(1) of POCSO Act, in Crime No.01 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner on the pretext of love affair, had involved in physical relationship with the minor victim girl and also made her pregnant. Hence, the case.

The learned counsel appearing for the petitioner submitted the petitioner was in relationship with the victim and since the victim is minor and that she was conceived, thereafter the present FIR came to be registered under POCSO Act.. He further submitted that the petitioner was remanded to judicial custody on 04.02.2026 . Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted the statement the statement of the victim girl recorded under Section 183 of BNSS.

On harmonious reading of the FIR, this Court finds that the relationship between the petitioner and the victim is a adolescent relationship and the petitioner is aged about 18 years and the victim is 16 years and furthermore, this Court could not find any forcible sexual assault except the consensual one. As rightly contended by the petitioner's counsel, it is only termed as adolescent relationship, for which, petitioner alone cannot be penalized by keeping him in prison. Hence, considering the totality of the circumstances and the fact that the petitioner is in judicial custody since 04.02.2026 and further custodial interrogation of the petitioner does not appear to be necessary at this stage, this Court is inclined to enlarge the petitioner on bail, subject to certain 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 Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri, and on further conditions that:

[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 twice a day at 10.30 am and 5.30 pm. for a period of two weeks 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.