M.Moorthy v. State Rep by Its

ORDER The petitioner, who was arrested and remanded to judicial custody on

29.04.2026 for the alleged offences under Sections 5 (i), 5 (j) (ii) r/w 6 (1) of POCSO Act, 2012, and Section 77 of Juvenile Justice Act, in Crime No.10 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner is approximately thirty-five years old and the victim is approximately seventeen years old. It is alleged that the petitioner, along with other accused persons, sexually assaulted the victim. Hence the case. Page2 of 6

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 29.04.2026. He further submitted that the petitioner has been falsely implicated in this case solely based on suspicion and there is no direct allegation against him. Hence, he prays to grant bail to the petitioner.

4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police produced the victim's statement recorded under Section 183 of the BNSS, He further contended that the DNA report is yet to be received and that if the petitioner is enlarged on bail, there is every possibility of his tampering with the witnesses. Hence, he prayed for dismissal of this application.

5.A perusal of the statement recorded under Section 183 of the BNSS, reveals that the victim, along with the petitioner and other accused persons consumed alcohol. After a period of five months, the victim became pregnant. The statement further reveals that the victim raised suspicion even against the petitioner in respect of her pregnancy.

6.Considering that the allegation against the petitioner in the statement recorded under Section 183 of the BNSS is based solely on suspicion, and taking into account that the petitioner has been incarcerated since 29.04.2026, Page3 of 6 this Court is of the firm view that his further custody for the purpose of investigation is not required. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

¶7Accordingly, 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 Special Court for Exclusive Trial of Cases under POCSO Act Court, Tiruvannamalai, 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 daily at 10.30 a.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 Page4 of 6 by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 14-07-2026 ep Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To

1.The Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai.

2.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

3.The Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai.

4.The Public Prosecutor High Court of Madras. CRLoOPoNo.o18340oofo2026 C.KUMARAPPAN,oJ. EP CRLoOPoNo.o18340oofo2026 14-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Moorthy ..Petitioner(s) Vs State Rep by its The Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai. Crime No.10 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner/Accused-3 on bail pending investigation in Crime no.10 of 2026 on the file of the Respondent Police. For Petitioner(s): Mr.K.Kamal For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )