Shanmugaraj vs State Of Tamil Nadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 04.01.2026 for the offences punishable under Sections 87, 351(2) of BNS r/w 9(l), 6(n), 10, 17 of POCSO Act @ 87, 351(2) of BNS r/w 9(l), 9(n), 10, 11(1), 11(5), 12, 17 of POCSO Act, 2012 in Crime No. 1 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 03.01.2026, the victim girl along with her mother and the petitioner went to Kodaikanal, where the petitioner sexually assaulted the victim girl, due to which a complaint was lodged against the petitioner and upon enquiry, it is revealed that the petitioner had sexually assaulted the victim in the house itself and when the victim girl informed the same to the mother of the victim, she told her not to tell the incident to anyone. 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. He would further submit that he has been arrested and remanded to judicial custody on 04.01.2026. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that based on the said allegations, the case has been registered under Sections 87, 351(2) of BNS r/w 9(l), 9(n), 10, 17 of POCSO Act @ 87, 351(2) of BNS r/w 9(l), 9(n), 10, 11(1), 11(5), 12, 17 of POCSO Act, 2012 in Crime No. 1 of 2026. He would further submit that the investigation was completed and the charge sheet was filed and the same is taken on file in Spl.S.C.No.12 of 2026 on the file of the Principal Special Court for Exclusive Trial of cases under POCSO Act, Dindigul and the statement of the victim was recorded under Section 183 of BNSS. He would further submit that the petitioner has no previous case. He would further submit that the offences are grave in nature and hence, he strongly opposed to grant 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, nature of offence, and considering the facts that the investigation was completed and the charge sheet was filed and the same is taken on file in Spl.S.C.No.12 of 2026 on the file of the Principal Special Court for Exclusive Trial of cases under POCSO Act, Dindigul and the statement of the victim was recorded under Section 183 of BNSS and the petitioner has no previous case and also 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, Dindigul, and on further conditions that:

[b] the petitioner shall report before the Sessions Judge, Principal Special Court for Exclusive Trial of cases under POCSO Act, Dindigul, on all working days at 10.30 a.m., 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.