High Court · 2025

CRL OP(MD) No.3785 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28.02.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD) No.3785 of 20251.Santhosh2.Vijayakumar ... Petitioners/A1 & A4 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Palani Adivaram Police Station,Dindigul District.Crime No.186 of 2024 ... Respondent/ComplainantFor Petitioners: Mr.M.Jegadeesh Pandian, Advocate For Respondent: Mr.R.Meenakshi Sundaram Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For bail in Crime No.186 of 2024 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.3785 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 26.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grantbail.2. The petitioners/A1 and A4 were arrested and remanded to judicial custodyon 04.01.2025 for the alleged offences punishable under Section 137(2) of BharatiyaNyaya Sanhita (BNS), 2023 and Sections 5(1), 6 and 17 of POCSO Act, in Crime No.186 of 2024 on the file of the respondent-police.3. The case of the prosecution is that on 27.08.2024, at about 3:45 p.m., the victimgirl, aged about 16 years, went missing. The defacto complainant, who is the motherof the victim girl, lodged a complaint suspecting Santhose/A1 (the first petitionerherein). Based on the complaint of the defacto complainant, initially, FIR wasregistered as a girl missing case. On enquiry, it was revealed that A1 and the victimhad a love relationship and since the defacto complainant was arranging the victimgirl's marriage with a relative, the victim girl informed A1. On 27.08.2024, at about12:30 p.m., with the help of A2, the friend of A1, they had eloped and went to2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.3785 of 2025Periyandi Palayam, where A3, the mother of A1, and A4, the step-father of A1 (thesecond petitioner herein), were living. On 27.08.2024, in the night hours, A1 hadsexually assaulted the victim girl. Hence, the case. 4. Mr.M.Jegadeesh Pandian, the learned counsel appearing for the petitioners,submits that due to the love affair, the victim girl willingly came to the petitioners’house. He further submits that the petitioners have been falsely implicated in thiscase. He further submits that the petitioners have been in judicial custody since04.01.2025. He therefore prays to grant bail to the petitioners.5. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutorappearing for the respondent-police, submits that the statement of the victim wasrecorded under Section 183 of Bharatiya Nyaya Sanhita (BNS), 2023. He furthersubmits that this is the second instance in which the first petitioner has committed theoffence against the same victim and the investigation of this case is also pending. Hefurther submits that if this Court grants bail to the petitioners, they may threaten thevictim, defacto complainant and also other witnesses and may commit similaroffence. Accordingly, he prays to dismiss this Criminal Original Petition.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.3785 of 20256. Heard on both sides. This Court has perused the records.7. The petitioners were arrested on 04.01.2025 and are still in judicial custody.The statement of the victim was also recorded under Section 183 of Bharatiya NyayaSanhita (BNS), 2023. Considering the same and also considering the nature ofoffences alleged against the petitioners and the manner in which the prosecution hasprojected the case, this Court is inclined to grant bail to the petitioners, however,subject to certain conditions. Accordingly, bail is granted to the petitioners subject tothe following conditions:(i) The petitioners shall execute a bond for Rs.25,000/- (RupeesTwenty Five Thousand only) each along with two sureties each for alike sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to thesatisfaction of the learned Special Judge, the Special Court for ExclusiveTrial of cases under POCSO Act, Dindigul;(ii) The sureties shall affix their photographs and left thumbimpression in the Application for Suretyship [Judicial Form No.46annexed to 'The Criminal Rules of Practice, 2019']. The learned SpecialJudge, the Special Court for Exclusive Trial of cases under POCSO Act,4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.3785 of 2025Dindigul shall obtain a copy of any one of identity proofs to ensuretheir identity;(iii) The petitioners shall attend in accordance with the conditionsof the bond to be executed under Chapter XXXV of BNS, 2023;(iv) The petitioners shall not commit an offence similar to theoffence of which they are accused, or suspected, of the commission ofwhich they are suspected;(v) The petitioners shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with the factsof the case so as to dissuade him from disclosing such facts to the Courtor to any police officer or tamper with the evidence;(vi) The petitioners shall not directly or indirectly cause anythreat to the defacto complainant and the victim girl and the witnesses;(vii) The petitioners shall furnish their residential address and5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.3785 of 2025mobile number to learned Special Judge, the Special Court forExclusive Trial of cases under POCSO Act, Dindigul;(viii) The petitioners shall appear and sign before the respondent-police daily at 10.00 a.m., until further orders;(ix) The petitioners shall not enter into the defacto complainant'shouse or workplace;(x) The petitioners, particularly the first petitioner, shall not try tocontact the defacto complainant and victim girl either directly orthrough any electronic mode; and(xi) On breach of any of the aforementioned conditions, thelearned Special Judge, the Special Court for Exclusive Trial of casesunder POCSO Act, Dindigul is entitled to pass appropriate ordersagainst the petitioners in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble SupremeCourt in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.3785 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 28/02/2025 / TRUE COPY / 28/02/2025 Sub-Assistant Registrar (PA-I) Madurai Bench of Madras High Court, Madurai - 625 023. apdTo1.The Special Judge, The Special Court for Exclusive Trial of cases under POCSO Act, Dindigul2.The Officer-in-Charge, District Prison, Dindigul.3.The Inspector of Police, Palani Adivaram Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-2250[I] dated 28/02/2025 ) ORDER IN CRL OP(MD) No.3785 of 2025 Date :28/02/2025RK (28/02/2025) 7P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 7/7