Yugendran vs The State Rep By The Inspector Of Police

The petitioner seeks bail in Spl.S.C. No.87 of 2024 in Crime No.246 of 2023, on the file of the respondent police for the offences under Sections 449, 376(3), 506(i) of IPC and 5(1) r/w 6 of POCSO Act, 2012. The petitioner has been remanded to judicial custody on 17.07.2026 on execution of NBW issued against him on 16.04.2026.

Learned counsel for the petitioner submitted that the petitioner is accused facing trial in Spl.S.C. No.87 of 2024 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore. He further submitted that since the petitioner was unable to appear before the trial Court, due to his family circumstances, he was issued with the non-bailable warrant on 16.04.2026, and pursuant to the same, he was arrested on 17.07.2026. He also submitted that the petitioner has already married a victim girl. Therefore, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner facing trial in Spl. S.C.No.87 of 2024. Since the petitioner failed to appear before the trial Court, a NBW was issued against him on 16.04.2026, and the petitioner was arrested and remanded to judicial custody on 17.07.2026. He further submitted that the victim was already examined and the case is posted for examination of LW3 and LW4 at the next hearing. Hence, he oppose for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Considering the facts and circumstances of the case, the period of incarceration already undergone by the petitioner and the fact that the trial is in progress, this Court is inclined to grant bail to the petitioner with 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, for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety lhip [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., on all hearing dates without fail;

[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.

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.