N.Suresh vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 13.06.2026 for the alleged offence under Sections 5(I), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 351(3) of the BNS, 2023 in Crime No.18 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner has committed penetrative sexual assault on the victim girl, aged 16 years and threatened her not to reveal the incidents to anyone. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. He further submitted that the charge sheet has been filed and the same was taken on file in Spl.S.C. No.245 of 2026. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the victim is aged 16 years and the petitioner is aged 37 years. He also produced the statement of the victim recorded under Section 183 of BNS. He further submitted that the investigation has been completed and the charge sheet has been filed and the victim child was also examined. Hence, he opposed the grant of bail to the Petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

It is a case under the POCSO Act. The victim is aged 16 years and the petitioner is aged 37 years. The charge sheet has been filed in Spl.S.C.No.245 of 2026, and the trial has commenced. The victim child was examined as PW.1 on 21.10.2026. The petitioner has been in judicial custody since 13.06.2026. Considering the stage of the trial, the period of incarceration already undergone by the petitioner and the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail 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 Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, 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 Trial Court 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.