Santhosh v. The State Rep By, The Inspector of Police
CRL OP/20221/2026 · 2026-07-28
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 55979 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 55979 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 20221 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20221 of 2026 Santhosh ..Petitioner Vs State rep by the Inspector of Police, Ambur Taluk Police Station, Ambur, Tirupathur District. Crime No.105 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.105 of 2026 on the file of the Inspector of Police, Ambur Taluk Police Station, Ambur, Tirupathur District. For Petitioner: Mr.G.Vinodhkumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)
ORDER The petitioner, who was arrested and remanded to judicial custody on 26.05.2026 for the alleged offences under Section Girl Missing @ 4, 6 of POCSO Act and 64, 96 of BNS in Crime No.105 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 20221 of 2026 __________ Page2 of 5
2. The case of the prosecution is that the petitioner was in a relationship with the minor victim girl, who is aged about 16 years and committed penetrative sexual assault on her. Hence the case.
3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 26.05.2026 and the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for the grant of bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the statement of the victim under section 183 of BNSS has been recorded.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side. 6. On perusing the statement recorded under Section 183 of the BNSS, though the victim has stated about certain incidents, this Court finds that there was an adolescent relationship between them. Hence, considering the period of incarceration undergone by the petitioner since 26.05.2026 and the absence of https://www.mhc.tn.gov.in/judis
CRL OP No. 20221 of 2026 __________ Page3 of 5 any criminal antecedents, this Court is inclined to enlarge the petitioner on bail, 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 for a like sum each to the satisfaction of the learned Additional District Munsif Cum Judicial Magistrate, Ambur and subject to the following conditions: [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 a.m. and 05.30 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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; https://www.mhc.tn.gov.in/judis
CRL OP No. 20221 of 2026 __________ Page4 of 5 [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita,
2023. 28-07-2026 NSL 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 learned Additional District Munsif Cum Judicial Magistrate, Ambur. 2. Central Prison, Vellore.
3. The Inspector of Police, Ambur Taluk Police Station, Ambur, Tirupathur District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 20221 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 20221 of 2026 28-07-2026 https://www.mhc.tn.gov.in/judis