High Court · 2025

CRL OP (MD) No.5323 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 21/03/2025PRESENTTHE HONOURABLE MR.JUSTICE R.SAKTHIVELCRL OP (MD) No.5323 of 2025Mano ... Petitioner/ Sole AccusedVsThe Inspector of Police, AWPS, Sankarankovil,Tenkasi District. Crime No.4 of 2025 ... Respondent/ComplainantFor Petitioner: Mr.T.Indrachithu, AdvocateFor Respondent: Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side)PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.4 of 2025 on the file of the respondent-police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 19.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/sole accused was arrested and remanded to judicial custody1/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5323 of 2025on 17.02.2025 for the offences punishable under Sections 12 and 11(4) of theProtection of Child from Sexual Offences Act, 2012, in Crime No.4 of 2025 on the fileof the respondent-police.3. The case of the prosecution is that on 17.02.2025, the victim girl returnedhome belatedly at about 9:30 p.m., instead of her usual arrival at 8:00 p.m. When shewas questioned by the defacto complainant, the victim girl's mother, the victim girlinformed her that the petitioner had been torturing her, stating that he had been inlove with her for the past four years and that he had been following her. Hence, thecomplaint.4. Mr.T.Indrachithu, learned counsel appearing for the petitioner, submits thatthe petitioner is an innocent person, he has not committed any offence as alleged bythe prosecution, and a false case has been foisted against the petitioner. He howeversubmits that the petitioner is ready to abide by any conditions that may be imposedby this Court. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl. Side)appearing for the respondent-police, submits that both the petitioner and the defactocomplainant are neighbours. He further submits that the victim girl is aged about 17years and that the petitioner had been torturing and following the victim girl bygiving her love proposals. He further submits that there is no previous case pending2/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5323 of 2025against the petitioner. He further submits that the investigation of the case is stillpending, and therefore, at this stage, if the petitioner is enlarged on bail, he maycause threat to the defacto complainant and the victim girl and delay theinvestigation. Accordingly, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the First Information Report aswell as the statement of the victim girl recorded under Section 163 of BNSS. 7. The petitioner was arrested and remanded to judicial custody on 17.02.2025,and he has been in judicial custody for more than 30 days. In view of the offenceallegedly committed by the petitioner and the statement of the victim girl, this Courtis of the opinion that further custody of the petitioner is not necessary in this case.Further, the petitioner has a permanent residence and deep roots in society. Hence,there is less possibility of absconding. Considering the same, and also considering theperiod of incarceration, and with a view to give an opportunity to the petitioner toreform himself, this Court is inclined to grant bail to the petitioner, however, subjectto certain 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 District Judge (Special Court for3/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5323 of 2025POCSO Cases), Thenkasi;(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 District Judge (Special Court for POCSO Cases),Thenkasi shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned District Judge (Special Court for POCSO Cases), Thenkasi;(iv) The petitioner shall stay at Thenkasi and appear and sign before the learnedDistrict Judge (Special Court for POCSO Cases), Thenkasi, on all working days, at10.00 am and 5.00 p.m., until further orders; (v) The petitioner shall not leave Thenkasi Town without prior permission ofthe learned District Judge (Special Court for POCSO Cases), Thenkasi;(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 whichhe is accused, or suspected, of the commission of which he is suspected;(viii) 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 the4/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5323 of 2025evidence;(ix) The petitioner shall not directly or indirectly cause any threat to the defactocomplainant, the victim girl, or the witnesses, and shall not try to contact the defactocomplainant or the victim girl either directly or through any electronic mode;(x) The petitioner shall not enter the house of the defacto complainant or thevictim girl, the school where the victim girl is studying, or the route the victim girltakes while going to and returning from school; and(xi) On breach of any of the aforementioned conditions, the learned DistrictJudge (Special Court for POCSO Cases), Thenkasi is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'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/- 21/03/2025/ TRUE COPY / 21/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. TRP 5/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5323 of 2025TO1 THE DISTRICT JUDGE (SPECIAL COURT FOR POCSO CASES), TENKASI.2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.3 THE INSPECTOR OF POLICE, AWPS, SANKARANKOVIL, TENKASI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5323 of 2025 Date :21/03/2025RS/IT/SAR-(21.03.2025) 6P 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6