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2026 DAILYLAW 45835 (MAD)

Tamilarasan v. State Represented by The Inspector of Police

CRL OP/17370/2026 · 2026-07-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17370 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17370 of 2026 Tamilarasan S/o. Sampath, Residing at, Kattukolli Vattam, Velakklnatham Village, Natrampalli Post Tirupattur Taluk and District. ..Petitioner(s) Vs State Represented by The Inspector of Police AWPS Vaniyambadi Police Station, Tirupattur District. Crime No.24 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with the case in Crime No.24 of 2026 pending investigation on the file of the Respondent police and thus render Justice. For Petitioner(s): Mr.M.Arun For Respondent(s): Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 22.05.2026 for the alleged offence under Sections 11(2), 12 of POCSO Act, in Crime No.24 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17370 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that the petitioner committed sexual assault on the victim, by exposing his private parts, thereby causing her severe mental agony. Hence, the present case has been registered against the petitioner. 3. The learned counsel appearing for the petitioner submitted that there is a civil dispute between the petitioner and the defacto complainant. He further submitted that the petitioner and the victim are closely related, and that, owing to a property dispute, a false case has been registered against him. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the occurrence took place on 21.05.2026 and that the petitioner was arrested and remanded to judicial custody on 22.05.2026. He further submitted that one previous case of a similar in nature is pending against the petitioner. Hence, he opposed the grant of bail to the Petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 17370 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case, this Court finds that the FIR contains certain allegations against the petitioner. Though the allegations are serious in nature, considering the age of the petitioner and the fact that he has been in judicial custody since 22.05.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. 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 Court of Sessions Division of Tirupattur, Tirupattur District, 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 daily at 5.30 p.m. until further orders; [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 https://www.mhc.tn.gov.in/judis CRL OP No. 17370 of 2026 __________ Page4 of 5 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. 07-07-2026 DRL Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The Court of Sessions Division of Tirupattur, Tirupattur District. 2.The Inspector of Police AWPS Vaniyambadi Police Station, Tirupattur District. 3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17370 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 17370 of 2026 07-07-2026 https://www.mhc.tn.gov.in/judis