High Court · 2025

CRL OP (MD) No.4128 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 05.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4128 of 2025Subbulakshmi ... Petitioner/Accused No.2 VsThe State of Tamilnadu,Rep. by the Inspector of Police,All Women Police Station,Kodaikanal.Crime No.1 of 2025 ... Respondent/ComplainantFor Petitioner : Mr.K.Muthuvai IlayarajaFor Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For bail in Crime No. 1 of 2025 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4128 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grantbail.2. The petitioner/A2 was arrested and remanded to judicial custody on18.01.2025 for the alleged offences punishable under Sections 11(4), 12 and 17 ofPOCSO Act, 2012, in Crime No.1 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant and the accusedpersons are neighbours. The defacto complainant's daughter, aged about 11 years,and the petitioner's son/A1 were in love with each other, and the petitioner/A2 alsosupported this relationship. Whenever the defacto complainant informed thepetitioner/A2 about the same, there were quarrels between them. The petitioner/A2even bought a phone and gave it to the defacto complainant's daughter tocommunicate with her son/A1 and encourage their love, despite being aware that thedefacto complainant's daughter was a minor. When the defacto complainant warnedhis daughter three months ago, the petitioner attempted to commit suicide byconsuming joint pain oil and was later saved after being admitted in the hospital. On18.01.2025, at about 10:00 a.m., A1 brought the victim girl to his sister’s house with2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4128 of 2025the help of the petitioner/A2. When the defacto complainant arrived, the accusedpersons did not permit him to take his daughter. Hence, the case.4. Mr.K.Muthuvai Ilayaraja, the learned counsel appearing for the petitioner,submits that the petitioner is an innocent person and she has not committed theoffence as alleged by the prosecution. He further submits that due to the love affairbetween A1, who is the son of the petitioner/A2, and the victim, she voluntarilycame with him. He further submits that the petitioner has been falsely implicated inthis case. He further submits that the petitioner has been in judicial custody since18.01.2025, and that she has no previous case. He further submits that the petitioneris ready to abide by any conditions that may be imposed by this Court. He thereforeprays to grant bail to the petitioner.5. Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl. Side) appearingfor the respondent-police, submits that the petitioner/A2 was supporting her son/A1to commit the offence. He further submits that the investigation is complete and therespondent-police is going to file the charge sheet. However, he prays to dismiss thisCriminal Original Petition.6. Heard on both sides. This Court has perused the records.7. The petitioner was arrested on 18.01.2025 and has been in judicial custody.This Court is of the view that since the investigation is complete, further custody of3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4128 of 2025the petitioner may not be necessary in this case. Considering the same and alsoconsidering the nature of offences alleged against the petitioner and the period ofincarceration, and with a view to give an opportunity to the petitioner to reformherself, this Court is inclined to grant bail to the petitioner, however, subject tocertain conditions. Accordingly, bail is granted to the petitioner subject to thefollowing conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Sessions Judge, Principal SpecialCourt of Exclusive Trial of cases under the POCSO Act, Dindigul;(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 Sessions Judge, Principal Special Court of Exclusive Trialof cases under the POCSO Act, Dindigul, shall obtain a copy of any one of identityproofs 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 whichshe is accused, or suspected, of the commission of which she is suspected;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4128 of 2025(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 not directly or indirectly cause threat to the defactocomplainant, victim girl, her family members and witnesses;(vii) The petitioner shall furnish her residential address and mobile number tothe learned Sessions Judge, Principal Special Court of Exclusive Trial of cases underthe POCSO Act, Dindigul;(viii) The petitioner shall appear and sign before the respondent-police weeklytwice i.e., on every Monday and Friday at 10.00 a.m., until further orders;(ix) The petitioner shall not enter into the house or work place of the defactocomplainant;(x) The petitioner shall not try to contact the defacto complainant or victimeither directly or through any electronic mode; and(xi) On breach of any of the aforementioned conditions, the learned SessionsJudge, Principal Special Court of Exclusive Trial of cases under the POCSO Act,Dindigul is entitled to pass appropriate orders against the petitioner in accordance5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4128 of 2025with law as if the aforementioned conditions are imposed by him as laid down by theHon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].8. 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. APDTO1 THE SESSIONS JUDGE,PRINCIPAL SPECIAL COURT OF EXCLUSIVE TRIAL OF CASES UNDER THE POCSO ACT, DINDIGUL.2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KODAIKANAL3 THE OFFICER INCHARGE,SUB JAIL, NILAKOTTAI, DINDIGUL.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4128 of 2025 ORDER IN CRL OP(MD) No.4128 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