Sivakumar v. The State Rep by the Inspector of Police

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

04.07.2026 for the alleged offences under Sections 9 (m) and 10 of POCSO Act, in Crime No.198 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the victim is approximately seven years old and the petitioner is approximately thirty-two years old. It is alleged that the petitioner misbehaved with the victim. 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 04.07.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and is willing to co-operate for investigation. 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, wherein the victim stated that the petitioner requested her to kiss him and nothing else has happened. He further submitted that the case is under investigation. Hence, he opposed for the grant of bail to the petitioner.

5.Considering the nature of offence and that the statement of the victim recorded under Section 183 BNSS, and the fact that the petitioner has been incarcerated since 04.07.2026, this Court is of the firm view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

¶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 Page3 of 4 Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore District, 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 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. 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. Page4 of 4

N.RAMESH, J. EP To

1.The Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore District.

2.The Superintendent of Prison, Central Prison, Vellore.

3.The Inspector of Police Pernampet Police Station.

4.The Public Prosecutor High Court of Madras. 19-08-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Sivakumar ..Petitioner(s) Vs The State Rep by The Inspector of Police Pernampet PS Crime No.198/2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the Petitioner on bail pending investigation in connection with Crime No.198 of 2026 on the file of the respondent Police. For Petitioner(s): Mr.P.Sriram For Respondent(s): Mr.M.M.I.Khaleel, Government Advocate (Criminal side)