G, Kamarajar Street, Kizhapuliyur, Tenkasi District v. The State of Tamil Nadu

CRL OP (MD) No.1519 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 05/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.1519 of 2025Chairma Selvam,S/o Muthunainar, No.16G, Kamarajar Street, Kizhapuliyur, Tenkasi District. ... Petitioner/Sole Accused VsThe State of Tamil Nadu,Rep. by the Inspector of Police, All Women Police Station, Tenkasi District. Crime No.3/2025 ... Respondent/Complainant For Petitioner : Mr.M.Raja Ravi Varma, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1519 of 2025PRAYER :- For Bail in Crime No.3 of 2025 on the file of the respondent-police.ORDER : The Court made the following order :-his Criminal Original Petition has been filed by the petitioner on 23.01.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grantbail.2. The petitioner/Sole Accused was arrested and remanded to judicial custodyon 17.01.2025 for the offences punishable under Sections 11(4) and 12 of theProtection of Child from Sexual Offences Act, 2012 in Crime No.3 of 2025 on the fileof the respondent-Police.3. The case of the prosecution is that the victim girl was studying in the 9thstandard. The petitioner and the victim girl were in love with each other. Since theparents of the victim girl warned her, she stopped talking to the petitioner. However,the petitioner repeatedly harassed the victim girl and followed her, stating that hewas deeply in love with her. After some time, the petitioner made a phone call to aneighboring boy. On knowing of this, the brother of the victim girl scolded her,2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1519 of 2025leading to a dispute between the two families. The victim girl is said to havethereafter attempted to commit suicide, but fortunately, she was out of danger. Atthat time, her statement was recorded by the police, and the present FIR wasregistered. 4. Mr.M.Raja Ravi Varma, learned counsel appearing for the petitioner, submitsthat the petitioner has nothing to do with the alleged offence, and that a false case hasbeen foisted against him. He further submits that, in fact, the victim girl contacted thepetitioner under the guise of love, and although the petitioner advised her to stayaway from him and focus on her studies, she did not heed his advice. He furthersubmits that due to the mental pressure exerted by the victim girl's parents, whobelieved that both the petitioner and the victim girl were in love with each other, sheattempted to commit suicide, and that the petitioner is in no way connected with thecrime. He, however, submits that the petitioner is ready to abide by any conditionsthat may be imposed by this Court. He further submits that the petitioner has been inincarceration since 17.01.2025. Therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioner has3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1519 of 2025continuously harassed the victim girl whenever she goes to school and returns home,and that due to this harassment, the victim girl attempted to commit suicide.Therefore, if bail is granted to the petitioner, he will again harass the victim girl,cause a threat to the witnesses, and delay the investigation. Therefore, he vehementlyopposes to grant bail to the petitioner.6. Heard on both sides. This Court has perused the records and the statementrecorded from the victim girl under Section 183 of BNSS.7. The petitioner has permanent residence and deep roots in the society andtherefore, there is less possibility of absconding. Considering the same andconsidering nature of offence allegedly committed by the petitioner and the period ofincarceration, and with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant an order of bail to the petitioner, however,subject to the following conditions:(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand only) to the satisfaction of the learned Principal District andSessions Judge, Tenkasi District;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1519 of 2025(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Principal District and Sessions Judge, Tenkasi Districtshall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(iv) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(v) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(vi) The petitioner shall furnish his residential address and mobile number tothe learned Principal District and Sessions Judge, Tenkasi District;5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1519 of 2025(vii) The petitioner shall not directly or indirectly cause any threat to the victimgirl, her family members, and witnesses and shall not tamper with the evidence;(viii) The petitioner shall not enter into the residence of the victim girl untilfurther orders.(ix) The petitioner shall not contact the victim girl or her family membersthrough his men or agent or any other electronic gadgets.(x) The petitioner shall stay at Surandai, Tenkasi District and appear and signbefore the learned Principal District and Sessions Judge, Tenkasi District weekly once(i.e., on Monday) at 10.30 a.m., until further orders; and(xi) On breach of any of the aforementioned conditions, learned PrincipalDistrict and Sessions Judge, Tenkasi District is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283].6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1519 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 05/03/2025 / TRUE COPY / 05/03/2025 Sub-Assistant Registrar () Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE PRINCIPAL DISTRICT ANDSESSIONS JUDGE, TENKASI DISTRICT.2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TENKASI DISTRICT.3 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.1519 of 2025 Date :05/03/2025 SS/SAR- /05/03/2025/ 7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7