Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 48564 (MAD)

Ramesh v. The State rep by the Inspector of Police

CRL OP/17999/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17999 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17999 of 2026 Ramesh S/o.Duraisamy, Puthu Mariyamman Kovil Street, Muthiyalpet, Pudhucherry. ..Petitioner(s) Vs The State rep by the Inspector of Police Reddichavadi Police Station, Cuddalore District. Crime No.108 of 2026. ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the petitioner on bail in Crime no.108 of 2026 on the file of Respondent Police, pending investigation. For Petitioner(s): Mr. Swamisubramanian For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE ) ORDER The petitioner, who was arrested and remanded to judicial custody on 11.05.2026 for the alleged offence under Sections 5(1) r/w Section 6 of POCSO Act and Section 127(3), 137(2) of BNS, 2023 in Crime No.108 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17999 of 2026 __________ Page2 of 6 2. The allegation against the petitioner is that the petitioner have committed the offence of sexual assault on the victim girls. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the occurrence took place on 11.05.2026 and that the petitioner was arrested and remanded to judicial custody on the same day. He further submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. 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 produced the statement of the two victims recorded under 183 of BNSS before this Court. Relying upon the said statement, he opposed to grant bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); though this https://www.mhc.tn.gov.in/judis CRL OP No. 17999 of 2026 __________ Page3 of 6 is a case of sexual assault, the petitioner was remanded in judicial custody since 11.05.2026. On a perusal of the statements of the two victims recorded under Section 183 of BNSS, it is seen that one of the victim, aged 13 years, has stated that she had consumed beer and that when she woke up, the petitioner had placed his hand above her knees. Similarly, the other victim, aged about 17 years, has stated that the petitioner had placed his hands on her chest and private parts. Though serious allegations have been made against the petitioner, considering the period of incarceration, this Court is of the firm view that the further custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, 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 the learned Principal Special Court for Exclusive Trial of cases under POCSO Act, Cuddalore, 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 stay at Sivagangai District and https://www.mhc.tn.gov.in/judis CRL OP No. 17999 of 2026 __________ Page4 of 6 report before the Sivagangai Town Police Station daily at 10.30 a.,m for a period of 30 days and thereafter report before the respondent police 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. 13-07-2026 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. https://www.mhc.tn.gov.in/judis CRL OP No. 17999 of 2026 __________ Page5 of 6 To 1.The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore. 2. The Inspector of Police Reddichavadi Police Station, Cuddalore District. 3.The Superintendent, Sub Jail, Cuddalore. 4.The Public Prosecutor, High Court, Madras. 5.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District. https://www.mhc.tn.gov.in/judis CRL OP No. 17999 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. DRL CRL OP No. 17999 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis