Surya @ Sivasurya vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 29.10.2025 for the offences punishable under Sections 351(2) of BNS Act, 2023 adn 5(n), 5(j)(ii) r/w. 6(1) of POCSO Act, 2012, in Crime No.17 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner (A-1) had a physical relationship with the victim and A-2 sexually harassed her. The victim became pregnant and delivered a female child. It is further allleged that the accused persons abused the victim and her mother in filthy language and threatened them with dire consequences. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the co-accused has already been released on bail and that petitioner is in judicial custody from 29.10.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the victim is 15 years old and that the petitioner had physical relationship with her. The victim became pregnant and delivered a female child. He further submitted that the investigation has been completed and the charge sheet has been filed.

Considering the fact that the victim has delivered a baby and a DNA test has been conducted, that the co-accused has already been released on bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing 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, Mahila Court, Pudukkottai and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders. The petitioner shall not threaten the victim or the victim’s family. He shall not enter the street, school/college, house, or any place where the victim is normally available. No relaxation shall be considered for the next two months.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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

[e] On breach of any of the aforesaid conditions, the learned 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 is 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 CRL OP(MD). No.4406 of 2026 [(2005)AIR SCW 5560].

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