Perumal Vs The State rep by Inspector of Police

Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in connection with the case in Crime No.19 of 2026 pending investigation on the file of the Respondent Police.

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For Petitioner(s): Mr.T.Gopinathan For Respondent(s): Mr.S.Yogaraja Sekar Government Advocate (Criminal side)

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ORDER

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

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16.04.2026 for the alleged offences under Sections 76 of the Bharatiya Nyaya Sanhita, 2023 (BNS), Section 9 (m) and 10 of Protection of Children from Sexual Offences Act, 2012 (POCSO), in Crime No.19 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner and the victim are

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neighbours. The victim is approximately 3 years old. It is alleged that the petitioner attempted to sexually harass the defacto-complainant’s daughter while she was playing in front of his house. Hence the case.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13981 of 2026

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3.The learned counsel for the petitioner submitted that the petitioner is

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innocent and has been in custody since 16.04.2026. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court

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and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.

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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 certain allegations of harassment have been made. Hence, he opposed for grant of bail to the petitioner.

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5.Considering the facts and circumstances of the case and the long incarceration of the petitioner since 16.04.2026, the statement under Section 183 BNSS, this Court is inclined to grant bail to the petitioner with certain conditions.

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Accordingly, 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 Special

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Court (POCSO Act Cases), Tiruvannamalai, and subject to the following conditions:

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[a] the sureties shall affix their photographs and Left

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13981 of 2026

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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;

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[b] the petitioner shall stay at Salem and report before Ammapet Police Station, Salem, daily morning at 10.30 a.m. and evening at 5.30 p.m. until further orders;

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[c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[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];

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[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

04-06-2026

ep

Note:

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

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All 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.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13981 of 2026

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C.KUMARAPPAN, J.

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EP

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To