CRL OP No. 20024 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20024 of 2026 1. Mahendiran 2. Chinna ..Petitioners Vs State represented by The Inspector of Police, Kilvelur Police Station, Nagapattinam District. Crime No.195 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in connection with Crime No.195 of 2026 on the file of the respondent police. For Petitioners: Mr.J.Jawahar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 23.05.2026 for the alleged offences under Sections 5(1), 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 87 of the Bharatiya Nyaya Sanhita, 2023 in Crime No.195 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 20024 of 2026 __________ Page2 of 5 2.The case of the prosecution is that the accused came into contact with the victim girls through Instagram, lured and kidnapped them and committed penetrative sexual assault against the victim girls. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in judicial custody since 23.05.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed 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, it is observed that the victim has not supported the prosecution's case. In such a view of the circumstances and considering the period of incarceration undergone by the petitioner since 23.05.2026, this Court is of the view that the https://www.mhc.tn.gov.in/judis CRL OP No. 20024 of 2026 __________ Page3 of 5 petitioner's further custody for the purpose of investigation is not required, as a major portion of the investigation might have been completed by this time. Hence, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties each for a like sum each to the satisfaction of the learned Special Court under the POCSO Act, Nagapattinam, 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 petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the https://www.mhc.tn.gov.in/judis CRL OP No. 20024 of 2026 __________ Page4 of 5 conditions had been imposed and the petitioners 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]; [f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 27-07-2026 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 Special Court under the POCSO Act, Nagapattinam. 2. The District Prison, Nagapattinam. 3. The Inspector of Police, Kilvelur Police Station, Nagapattinam District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 20024 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 20024 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis