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2026 DAILYLAW 71817 (MAD)

ShrwanKumar v. State represented by

CRL OP/3871/2026 · 2026-02-17

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.3871 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2026 CORAM THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.3871 of 2026 Shrwankumar ... Petitioner/ Accused Vs. The State Rep. By, The Inspector of Police, Nettapakkam Police Station, Pondicherry. (Crime No.34 of 2018) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Spl.S.C.No.07 of 2023 on the file of the Fast Track Court Exclusively to Deal with Offences Under the POCSO Act at Puducherry. For Petitioner : M/s. T. lavanya Thirumalai For Respondent : Mr. M.V. Ramachandra Murthy Public Prosecutor (Puducherry) ****** 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3871 of 2026 O R D E R The petitioner, who was arrested and remanded to judicial custody on 12.11.2025 based on execution of NBW dated 05.10.2021 in Spl.S.C.No.07 of 2023 on the file of the Fast Track Court Exclusively to Deal with Offences Under the POCSO Act at Puducherry for the offences punishable under Section 366(A) of IPC and Section 6 of POCSO Act, seeks bail. 2. The learned counsel appearing for the petitioner submitted that the petitioner was earlier arrested and released on bail in this case and was regularly appearing before the Trial Court for the case in Spl.S.C.No.07 of 2023; that since the petitioner did not appear before the Special Court on 05.10.2021, a NBW was issued as against the petitioner and subsequently, the petitioner was arrested and remanded to judicial custody on 12.11.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 3. The learned Public Prosecutor (Puducherry) appearing for the respondent police opposed the grant of bail to the petitioner by stating that since the petitioner did not appear before the Special Court during trial 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3871 of 2026 proceedings, a NBW was issued as against the petitioner on 05.10.2021 and the petitioner was arrested on 12.11.2025, nearly after four years; that the petitioner is hailing from Uttarpradesh and if he is released on bail, again there is possibility for absconding. 4. 4. Considering the submissions made on both sides, the nature of offence, the fact that the petitioner had absconded for nearly four years and if the petitioner is enlarged on bail, there is possibility of hampering the trial process, hence this Court is not inclined to grant bail to the petitioner. 5. Accordingly, this criminal original petition stands dismissed. 17.02.2026 stn K. RAJASEKAR, J. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3871 of 2026 stn To 1. The Inspector of Police, Nettapakkam Police Station, Pondicherry. (Crime No.34 of 2018) 3. The Public Prosecutor, High Court of Madras. Crl.O.P.No.3871 of 2026 17.02.2026 4/4 https://www.mhc.tn.gov.in/judis