High Court · 2025

CRL OP (MD) No.5427 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 03/04/2025PRESENTTHE HONOURABLE MR.JUSTICE R.SAKTHIVELCRL OP (MD) No.5427 of 2025Petchimuthu ... Petitioner/Accused No.1 VsThe State of Tamil Nadu,Rep by the Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District. Crime No. 34/2024. ... Respondent/Complainant For Petitioner : Mr.S.P.Naveenkumar, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :- To release the petitioner on bail in connection with the Spl.S.C.No.33 of 2025pending on the file of the learned Sessions Judge, Special court for POCSO Act Cases,Tirunelveli, Tirunelveli District.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 20.03.20251/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5427 of 2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.1 was arrested and remanded to judicial custodyon 17.10.2024. The petitioner is facing trial in Spl.S.C.No.33 of 2025 on the file of thelearned Sessions Judge, Special court for POCSO Act Cases, Tirunelveli, TirunelveliDistrict, for the offences punishable under Sections 5(l), 6 and 17 of the Protection ofChildren from Sexual Offences Act, 2012 and Sections 296(b) and 131 of BNS, 2023 inconnection with Crime No.34 of 2024 on the file of the respondent-police.3. The case of the prosecution is that the petitioner habitually subjected thevictim girl, aged about 16 years and a relative of the petitioner's wife, to sexualharassment. On 16.07.2024, at about 01:30 p.m., the petitioner sexually assaulted thevictim girl while she was walking on the street. Upon being informed of the incidentto the petitioner's wife, when the victim girl was again walking on the street, thepetitioner's mother-in-law, i.e., the victim girl's aunt, allegedly slapped her on thecheek and abused her in filthy language. Hence, the complaint.4. Mr.S.P.Naveenkumar, learned counsel appearing for the petitioner, submitsthat the petitioner has not committed any offence as alleged by the prosecution andhas been falsely implicated in this case. He, however, submits that the petitioner isready to abide by any conditions that may be imposed by this Court. He further2/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5427 of 2025submits that the petitioner has been in judicial custody since 17.10.2024. He thereforeprays for grant of bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminalside) appearing for the respondent-police, submits that the case is posted before theTrial Court on 05.04.2025 for furnishing copies. He further submits that in thesecircumstances, if bail is granted to the petitioner, he may abscond, delay the trialproceedings, and cause threat to the victim girl and the witnesses. Hence, he opposesto grant bail to the petitioner. 6. Heard on both sides. This Court has perused the records.7. On perusing the records, it reveals the fact that the petitioner has permanentresidence and deep roots in the society, and hence, there is less possibility ofabsconding. Considering the same, and also considering the nature of the offence andthe age of the petitioner, and taking note of the period of incarceration suffered by thepetitioner, and with a view to give an opportunity to the petitioner to reform himself,this Court is inclined to grant bail to the petitioner, however, subject to certainconditions. Accordingly, bail is granted to the petitioner subject to the followingconditions:(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/- (Rupees3/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5427 of 2025Twenty Five Thousand only) to the satisfaction of the learned Sessions Judge, SpecialCourt for POCSO Act Cases, Tirunelveli, Tirunelveli District;(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, Special Court for POCSO Act Cases,Tirunelveli, Tirunelveli District, shall obtain a copy of any one of identity proofs toensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli,Tirunelveli District;(iv) The petitioner shall stay at Madurai and appear and sign before theInspector of Police, Tallakulam Police Station, Madurai, daily at 08.00 a.m., and 06.00p.m., until further orders; (v) The petitioner shall not enter into Ittamozhi Village;(vi) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vii) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(viii) The petitioner shall not directly or indirectly make any inducement, threat4/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5427 of 2025or 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;(ix) The petitioner shall not, directly or indirectly, cause any threat to the victimgirl and her family members and shall also not try to contact the victim girl eitherdirectly or his men/agent or through any other electronic mode; and(x) On breach of any of the aforementioned conditions, the learned SessionsJudge, Special Court for POCSO Act Cases, Tirunelveli, Tirunelveli District, isentitled to pass appropriate orders against the petitioner in accordance with law as ifthe aforementioned conditions are imposed by him as laid down by the Hon'bleSupreme 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/- 03/04/2025 / TRUE COPY / 03 /04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES,5/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5427 of 2025TIRUNELVELI, TIRUNELVELI DISTRICT.2 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.COPY TOTHE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI. ORDER IN CRL OP(MD) No.5427 of 2025 Date :03/04/2025NBF/ SAR/ (03/04/2025) 6P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6