Harish v. The State Represented by the Inspector of Police

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

16.06.2026 for the alleged offences under Sections 296 (b), 115 (2) of BNS and 11 (4), 12 of the POCSO Act, in Crime No.24 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner and the victim were in a love relationship for quite sometime. It is alleged that the petitioner snatched her cellphone and used filthy language on her in a public place while she was waiting near the Aadhanur Bus stop. Hence the case. Page2 of 4

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 16.06.2026. He further submitted that the petitioner and the victim knew each other, which was disliked by the victim's parents and thereafter they discontinued their relationship. 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 submitted that the petitioner misbehaved with the victim girl, snatched her mobile phone and abused her using filthy language. He further stated that no previous case has been registered against the petitioner. However, he opposed for grant of bail to the petitioner.

5.Admittedly, the allegations made against the petitioner is using filthy language and snatching of mobile phone in public place. However, the petitioner is also twenty-two years old and both were known to each other for some time. Hence, considering the totality of the circumstances, and the fact that the petitioner has been incarcerated since 16.06.2026, this Court is inclined to grant bail to the petitioner with certain conditions. Page3 of 4

¶6Accordingly, 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 Sessions Judge in Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri, 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 stay at Virudhunagar District and report before the Town Police Station, Srivilliputhur, daily at 10.30 a.m. for a period of thirty days; thereafter appear 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 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]; Page4 of 4

C.KUMARAPPAN, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 10-07-2026 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. To

1.The Sessions Judge in Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.

2.The Superintendent of Prison, Dharmapuri Prison.

3.The Inspector of Police All Women Police Station, Pennagaram.

4.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Harish ..Petitioner(s) Vs The State represented by The Inspector of Police All Women Police Station, Pennagaram. (Crime No. 24 of 2026) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to pass an order directing the release of the petitioner on bail Crime No.24 of 2026 pending investigation on the file of the respondent Police. For Petitioner(s): Mr.T.Naveen Chandar For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )