High Court · 2025

Crl.O.P.No.16688 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.06.2025CORAM THE HONOURABLE MR. JUSTICE M.NIRMAL KUMARCrl.O.P.No.16688 of 2025Naveen Kumar ... Petitioner/AccusedVs.The State Rep byThe Inspector of Police,All Women Police Station,Pennagaram, Dharmapuri District.(Crime No.14 of 2025)... RespondentPRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.14 of 2025 on the file of the respondent police, All Women Police Station, Pennagaram, Dharmapuri District.For Petitioner : Mr.SwamisubramanianFor Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16688 of 2025O R D E RThe petitioner, who was arrested and remanded to judicial custody on 18.05.2025, for the offence punishable under Sections 115(2) of BNS, 2023 (323 of IPC) and Sections 7, 8 of POCSO Act in connection with Crime No.14 of 2025, registered on the file of the respondent, seeks bail.2. The case of the prosecution is that the petitioner and the victim girl belong to the same village and they loved each other. The petitioner gifted mobile phone for the victim girl and the same was questioned by the victim’s mother. Hence, the victim girl consumed lizol and admitted in the hospital. Hence, the case.3.The learned counsel for the petitioner submitted that the petitioner is an Engineering Graduate. He was employed in Bangalore. Thereafter he was came back to his native and staying there. At that time, he developed interest on the victim girl and they had a love affair. The victim girl and petitioner 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16688 of 2025were regularly meeting and talking. Further the petitioner handed over mobile phone for conversation between them. During one full moon day, when the victim’s mother went for Girivalam, the victim and her brother were alone. At that time the petitioner entered the victim’s house, hugged and kissed her and the victim girl resisted and pushed him out and not informed about the same to anyone. Thereafter the petitioner and the victim girl were in continuous relationship. When the victim girl charged her mobile, which was presented by the petitioner, the victim’s mother questioned about the mobile phone. Fearing for her mother, she consumed lizol to commit suicide. Later she was rushed to the hospital, from the hospital information sent to the police. At that time, the victim disclosed the entire facts, which was projected as though the petitioner committed offence under POCSO Act. It is a love affair between the petitioner and victim, which was opposed by the victim’s mother. Now he has been in gallows. Hence, he prayed for grant of bail to the petitioner.3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16688 of 20254.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner and victim loved each other for six months. The petitioner entered the victim’s house on one full moon day and attempted to hug her and also presented mobile phone, which was questioned by the victim’s mother. Due to which, she consumed lizol to commit suicide. She could be saved on timely medical treatment and the information sent to the police, during enquiry the victim disclosed about the act of the petitioner. The learned Government Advocate also produced Section 164 Cr.P.C. statement of the victim. Hence, he strongly opposed for granting bail to the petitioner.5.Heard both sides and perused the materials available on record.6.Considering the facts and circumstances of the case and on perusal of Section 164 Cr.P.C. statement, it is seen that the petitioner and the victim were loved each other. The victim is 17 years and few months old. The 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16688 of 2025petitioner is aged about 24 years. This love affair is opposed by the victim’s parents and now termed as POCSO offence. In view of the same, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri 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 make himself available for 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16688 of 2025interrogation by a Police Officer as and when required;[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;[f] 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];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.13.06.2025rsi6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16688 of 2025Note :1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. 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.To1.The Special Court for Exclusive Trial of CasesUnder POCSO Act, Dharmapuri District.2. The Inspector of Police,All Women Police Station,Pennagaram, Dharmapuri District.3.The Superintendent,Central Prison, Salem.4.The Public Prosecutor,High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16688 of 2025M.NIRMAL KUMAR, J.rsi Crl.O.P.No.16688 of 202513.06.20258/8