High Court · 2025

CRL.A.No.1425 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22.09.2025CORAM: THE HON'BLE MRS.JUSTICE T.V.THAMILSELVICRL.A.No.1425 of 2025Sankar...AppellantVs1.The State Rep. by the Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.2.The Inspector of Police, Indur Police Station, Crime No.80 / 2025. Dharmapuri District.3.Palaniyammal...Respondents PRAYER: Criminal Appeal filed under Section 14A of SC/ST Act 33 of 1989 under Section 415 of BNSS, to call for the records relating to the order dated 30.07.2025 made in C.M.P.No.236 of 2025 on the file of the Special District for Exclusive Trial Cases Under POCSO Act, Dharmapuri and set aside the same by allowing the criminal appeal and enlarge the petitioner on bail in connection with the case in Crime No.80 of 2025 pending on the file of the Respondent Police.1/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 2025For Petitioner : Mr.R.PrabakarFor Respondents:Mr.V.Meganathan for R1 & R2No appearance for R3.ORDERThe matter is listed today under the caption “For Being Mentioned” at the instance of the learned counsel for the appellant.2.It is brought to the notice of this Court that there is a correction in paragraph No.7(b) of the order dated 18.09.2025 and the same shall be replaced as follows:“7(b) the appellant shall stay at Salem and report before the Asthampatti police Station daily at 10.30 a.m. for the period of two months and thereafter appear before the respondent police every Saturday. Further, the petitioner shall not have any communication with the victim and the appellant is directed to deposit a sum of Rs.20,000/- to the crime No. 80 of 2025 for causing mental agony to the victim, and victim is permitted to withdraw the same. ”3.All other conditions imposed in the order dated 18.09.2025 shall remain intact except for the above said correction.2/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 20254.Registry is directed to carry out the necessary correction in the order dated 18.09.2025 and issue a fresh copy of the order to the learned counsel for the parties.22.09.2025pam3/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 2025T.V.THAMILSELVI, J.pamTo1.The Special Court for Exclusive Trial Cases Under POCSO Act, Dharmapuri.2.The District Jail, Dharmapuri. 3.The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.4.The Inspector of Police, Indur Police Station, Crime No.80 / 2025. Dharmapuri District.CRL.A.No.1425 of 202522.09.20254/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL A No. 1425 of 20251. SANKARS/o.Murugan Alias Murugesan, 3/114, Old Indur (Vill), Nathahalli, (Po), Nallampalli Tk, Dharmapuri District.Appellant(s)Vs1. The State Rep. byThe Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.2.The Inspector of Police,Indur Police Station, Dharmapuri District. CrimeNo.80/20253.PalaniyammalW/o.Santhanamoorthy, Old Indur Village, Indur Post, Nallampalli Taluk, Dharmapuri District.Respondent(s)CRL A No. 1425 of 2025PRAYERTo call for the records relating to the order dated 30.07.2025 made in C.M.P.NO.236 of 2025 on the file of the Special Court for Exclusive Trial Cases Under POCSO Act, Dharmapuri and set aside the same by allowing the 5/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 2025criminal appeal and enlarge the petitioner on Bail in connection with the case in Crime No.80 of 2025 pending on the file of the Respondent Police and thus render justice.CRL A No. 1425 of 2025For Appellant(s):R.PrabakarP.MarudhupandiaynS.SelviS.SenthilkumarS.Ranjith KumarnM.Saradadevi--------Affidavit Of Service FiledFor Respondent(s):Public ProsecutorCourt Notice Served For R3R-3 PALANIYAMMAL W/o.Santhanamoorthy, Old Indur Village, Indur Post, Nallampalli Taluk, Dharmapuri District.Private Notice Permitted - Proof Not FiledORDERThis petition has been filed to call for the records relating to the order dated 30.07.2025 made in C.M.P.NO.236 of 2025 on the file of the Special Court for Exclusive Trial Cases Under POCSO Act, Dharmapuri and set aside the same by allowing the criminal appeal and enlarge the petitioner on Bail in connection with the case in Crime No.80 of 2025 pending on the file of the Respondent Police. 6/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 20252. The case of the prosecution is that when the victim girl gone to attend nature call in the outside, the accused had come near the victim with sexual intention and attempted to close her mouth, the victim held the tuft of the petitioner and pushed him. Hence, the case.3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and no way connected with this case. Further he is under the judicial custody from 06.07.2025. Hence, he prays to grant bail to the appellant. 4. The defacto complainant appeared before this Court submit that when the victim went for nature call the appellant attempted to go near with her with sexual intention, suddenly victim shouted and ran away from that place. Further, he submits that the appellant behaved ini similar manner with another women. 5. Heard both sides.6. The statement of the victim girl has been recorded. According to the prosecution, the appellant hide himself and suddenly came out when the victim 7/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 2025girl about to attend nature call and also committed similar behaved with another women in their locality.Considering the fact that the appellant is under the custody for more than 70 days and also the investigation is completed. Hence, this Court is inclined to grant bail the appellant with the following conditions.7. Accordingly, the appellant is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri, and on further conditions that::(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;(b) the appellant shall stay at Salem and report before the police Station daily at 10.30 a.m. for the period of two months and thereafter appear before the respondent police every Saturday. Further, the petitioner shall not have any communication with the victim and the appellant is directed to deposit a sum of Rs.20,000/- to the crime No. 80 of 2025 for causing mental agony to the victim, and victim is permitted to withdraw the same. 8/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 2025(c) the appellant shall not tamper with evidence or witness either during investigation or trial;(d) the appellant shall not abscond either during investigation or trial;(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 18-09-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoCRL A No. 1425 of 2025To1. The Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri.9/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 20252. The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.3.The Inspector of Police,Indur Police Station, Dharmapuri District. CrimeNo.80/20254.PalaniyammalW/o.Santhanamoorthy, Old Indur Village, Indur Post, Nallampalli Taluk, Dharmapuri District.5. The District Jail, Dharmapuri. 10/11 https://www.mhc.tn.gov.in/judis CRL.A.No.1425 of 2025T.V.THAMILSELVI J.CRL A No. 1425 of 2025 18-09-202511/11