Devendiran vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 12.08.2026 for the alleged offence under Section 87 of Bharatiya Nyaya Sanhita (BNS), 2023, and Section 11(4) r/w 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012, in Crime No.19 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 16.07.2026 at about 12:30 p.m., the petitioner allegedly approached the minor girl, took her behind the Ramar Temple at Kuttaikarai, and behaved with her in a sexually inappropriate manner. The occurrence was noticed by one Chithra, who intervened and brought the minor girl back. Thereafter, upon learning about the incident, the de facto complainant lodged a complaint before the Ambur All Women Police Station, pursuant to which the present case was registered.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case. He further submitted that the petitioner has been in incarceration since 12.08.2026. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution's case and, on instructions, submitted that The petitioner is aged 45 years, whereas the victim is a minor aged 15 years, who suffers from an intellectual disability. He further produced the victim's statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before this Court. Hence, he strongly opposed the grant of bail to the petitioner.

I have given my anxious consideration to either side submissions and perused the materials available on record including the statement of the victim girl recorded under Section 183 of BNSS.

Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); the statement of the victim girl recorded under Section 183 BNSS; and also considering the period of incarceration of the petitioner from 12.08.2026, this Court is of the firm view that further incarceration of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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 learned Special Court for Exclusive Trail of Cases under POCSO Act Tirupattur District, and on further conditions that:

[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 police daily at 10:30 A.M., until further orders;

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

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

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

23-09-2026 KLT Note:

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

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.

To

The Judicial Magistrate Special Court for Exclusive Trail of Cases under POCSO Act Tirupattur District.

The Superintendent of Police, Central Prison, Vellore.

The Inspector of Police, AWPS Ambur, Tirupattur District.

The Public Prosecutor, High Court of Madras.

N.Ramesh, J.

KLT 23-09-2026