Sanjay v. The State Rep by the Inspector of Police

ORDER The petitioner was arrested on 18.05.2026, on execution of a Non-Bailable Warrant issued by the learned Sessions Judge, Mahila Court, Chengalpattu, for the offences under Sections 366 of I.P.C and 5 (l), 5 (j) (ii), 6 of POCSO Act, pending trial in Spl.S.C.No.230 of 2025, in respect of Crime No.382 of 2023 on the file of the respondent police, seeks bail.

¶2The petitioner is facing prosecution for the offences under Sections 366 of I.P.C and 5 (l), 5 (j) (ii), 6 of POCSO Act, The case has been taken on file in Spl.S.C.No.230 of 2025 on the file of the learned Sessions Judge, Mahila Page2 of 4 Court, Chengalpattu. The petitioner did not appear before the Court regularly and therefore a Non-Bailable Warrant (NBW) was issued. Subsequently, the petitioner was arrested by the respondent police and produced before the Trial Court on 18.05.2026.

¶3The learned counsel for the petitioner submitted that the NBW was issued against the petitioner on 23.01.2026 and the petitioner was arrested on

18.05.2026. He further submitted that due to illness, the petitioner was unable to appear before the trial Court on 23.01.2026. He stated that the petitioner has already married the victim and they are living together as husband and wife and therefore prayed that the petitioner may be enlarged on bail.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent strongly opposed the bail application and submitted that copies have been served and Spl.S.C.No.230 of 2025 is posted for examination of witnesses. Therefore, he submitted that if the petitioner is enlarged on bail, there is every possibility of further delay in the progress of the trial.

5.Considering the totality of the circumstances, and that the petitioner has been incarcerated since 18.05.2026, this Court is of the firm view that his further custody is not necessary for the purpose of investigation. Hence, 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, Mahila Court, Chengalpattu, 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 trial Court regularly on all hearing dates; [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

N.RAMESH, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 19-08-2026 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 Mahila Court, Chengalpattu.

2.The Superintendent of Prison, Central Prison Puzhal – II.

3.The Inspector of Police AWPS-Semmancherry Police Station, Chengalpattu District.

4.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Sanjay ..Petitioner(s) Vs The State Rep by The Inspector of Police AWPS-Semmancherry Police Station, Chengalpattu District. Crime No.382 of 2023. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge a petitioner accused on bail in SPL SC No. 230 of 2025 on the file of this Court. For Petitioner(s): Mr.T.I.Ramanathan For Respondent(s): Mr.M.M.I.Khaleel, Government Advocate (Criminal Side)