Harish Kumar vs The State Rep.by, The Inspector of Police

Court
Madras High Court

CRL A No.1317 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No.1317 of 2026
CNR: {HCMA012531322026}
Harish Kumar
S/o.Chinna Angappan,
Muthukampatti Village,
Senganoor Post,
Pennagaram Taluk,
Dharmapuri District.
Tamil Nadu – 636810.
...Appellant/Petitioner/
Accused
Vs
1. The State Rep.by,
The Inspector of Police,
All Women Police Station (AWPS),
Pennagaram,
Dharmapuri District.
Cr.No.39 of 2026.
2. XXX
aged 14 years,
D/o.Murugan,
Muthugampatti Village,
Senganur Post,
Pennagaram Taluk,
Dharmapuri District.
(R2 is suo motu impleaded as per the order of
this court dated 26.10.2026 in Crl.A.No.1317 of
2026)
...Respondents
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CRL A No.1317 of 2026
Prayer: Criminal Appeal filed under Section - 14(A)(2) of the SC/ST Act,
praying to set aside the order passed by the Special Court for Exclusive
Trial of Cases under POCSO Act, Dharmapuri District in Crl.M.P.No.257
of 2026 dated 17.08.2026 and enlarge the petitioner on bail in Cr.No.39
of 2026 on the file of the Inspector of Police, All Women Police Station
(AWPS) Pennagaram, Dharmapuri District.
For Appellant: Mr.M.Jaisingh
For Respondents: Ms.Sharada Vivek
Additional Public Prosecutor
for R1
Ms.A.Meena
for R2
JUDGMENT
The appeal challenges the order passed by the learned Sessions
Judge, Special Court for Exclusive Trial of Cases under the POCSO Act,
Dharmapuri District, in Crl.M.P.No.257 of 2026 dated 17.08.2026, by
which the appellant’s bail application was dismissed by the Trial Court.
2.The appellant was arrested on 31.07.2026 in Crime No. 39 of
2026 registered for the offences under Section 5(l) r/w 6 of the Protection
of Children from Sexual Offences Act, 2012, and under Section 87 of
Bharatiya Nyaya Sanhita, 2023.
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CRL A No.1317 of 2026
3. It is the case of the prosecution that the appellant, aged about 22
years, had a romantic relationship with the victim girl, who was aged 14
years at the time of the occurrence; that on 25.03.2026, the appellant had
taken the victim to Hogenakkal and had sexual intercourse with the
victim; and that once again on 20.07.2026, when they attempted to go to
Hogenakkal, the appellant and the victim were intercepted, and
thereafter a complaint was lodged by the victim.
4. The learned counsel for the appellant would submit that the
allegations are false; that in any case, the allegations only disclose a
romantic relationship between the appellant and the victim; that the final
report has now been filed; and that, considering the age of the appellant,
the appellant may be released on bail.
5. Heard the learned Additional Public Prosecutor for the first
respondent.
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CRL A No.1317 of 2026
6. The learned counsel for the appellant/accused and the learned
counsel for the victim/second respondent submitted that the victim and
her mother have no objection for the release of the appellant on bail.
7. The victim and her mother are present in person and confirmed
that they have no objection, for release of the appellant on bail.
8. Admittedly, the final report has already been filed. Even
assuming the prosecution case to be true, it appears to be a case of a
romantic relationship between two youngsters. It has to be examined in
the trial as to whether the appellant had committed the offence of
penetrative sexual assault.
9. Considering the period of incarceration, the fact that the final
report is filed and further custody of the appellant is not required for the
purpose of investigation, this Court is inclined to release the appellant on
bail on the following conditions:
(i) The appellant shall execute a bond for a
sum of Rs.25,000/- (Rupees Twenty Five
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CRL A No.1317 of 2026
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, Dharmapuri District;
(ii) the appellant and the sureties shall affix
their photographs and Left Thumb Impression in
the surety bond and the trial Court may obtain a
copy of their Aadhar card or Bank pass Book and
mobile numbers to ensure their identity;
(iii) the appellant shall appear before the
trial Court on every Monday at 10.30 a.m. and on
all hearings;
(iv)the respondent police is directed to
ensure that there is no threat to the life and safety
of the de-facto complainant. In the event of any
threat, appropriate steps to be taken.
(v)the appellant shall not commit any
offences of similar nature;
(vi) the appellant shall not abscond either
during investigation or trial;
(vii)the appellant shall not tamper with
evidence or witness either during investigation or
trial;
(viii)on breach of any of the aforesaid
conditions, the learned Sessions Judge/Trial Court
is entitled to take appropriate action against the
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CRL A No.1317 of 2026
appellant in accordance with law as if the
conditions have been imposed and the appellant
released on bail by the learned Sessions
Judge/Trial Court himself as laid down by the
Hon'ble Supreme Court in P.K.Shaji vs. State of
Kerala [(2005)AIR SCW 5560] ;
(ix)i f the accused thereafter absconds, a
fresh FIR can be registered under Section 229A
IPC.
10. In view of the above, the impugned order, dated 17.08.2026 in
Crl.M.P.No.257 of 2026 in Crime No.39 of 2026 passed by the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO
Act, Dharmapuri District, is set aside and the Criminal Appeal is allowed.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
dk
Note: Issue order copy today.
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CRL A No.1317 of 2026
To
1. The Sessions Judge,
Special Court for Exclusive Trial of Cases
under POCSO Act,
Dharmapuri District.
2. The District Jail,
Dharmapuri.
3.The Inspector of Police,
All Women Police Station (AWPS),
Pennagaram,
Dharmapuri District.
4. The Public Prosecutor,
High Court of Madras.
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CRL A No.1317 of 2026
SUNDER MOHAN, J.
dk
CRL A No. 1317 of 2026
03-11-2026
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