High Court · 2025

CRL OP (MD) No.5500 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.5500 of 2025Selvam... Petitioner/Accused No.1VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Kandavarayanpatti Police Station,Sivagangai District.Crime No.84 of 2024... Respondent/ComplainantFor Petitioner: Mr.S.M.Sanjay AdvocateFor Respondent: Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side)PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For bail in Crime No.84 of 2024 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 21.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying1/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5500 of 2025to grant bail.2. The petitioner/A1 was arrested and remanded to judicial custody on29.12.2024 for the alleged offences punishable under Sections 5(l) read with 6 and 17of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 10of the Prohibition of Child Marriage Act, 2006, in Crime No.84 of 2024 on the file ofthe respondent-police.3. The case of the prosecution is that on 10.12.2024, the defacto complainant'sdaughter, who had gone to attend a sewing class, did not return home.Consequently, a complaint was initially lodged as 'girl missing' case. During thecourse of investigation, the respondent-police secured the victim girl along with thepetitioner at Thiruppathur Bus Stand. Upon enquiry, it was revealed that thepetitioner had married the minor victim girl and had physical intercourse with hermany times. Hence, the respondent-police had altered the case under the Protectionof Children from Sexual Offences Act and Prohibition of Child Marriage Act. 4. Mr.S.M.Sanjay, the learned counsel appearing for the petitioner, submitsthat the petitioner did not commit any offence as alleged by the prosecution and thata false case has been foisted against him. He further submits that the petitioner hasbeen in judicial custody since 29.12.2024 and is ready to abide by any condition to beimposed by this Court. He therefore prays to grant bail to the petitioner.2/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5500 of 20255. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side)appearing for the respondent-police, submits that investigation has been completed,charge sheet has been filed, and the same was taken on file by the learned SessionsJudge, Principal Special Court for Exclusive Trial of Cases under the POCSO Act,Sivagangai in Special S.C.No.24 of 2025. He further submits that if the petitioner isenlarged on bail, he may commit similar offence and cause threat to the defactocomplainant and the victim girl. Hence, he prays to dismiss this Criminal OriginalPetition.6. Heard on both sides. This Court has perused the records.7. The petitioner was arrested on 29.12.2024 and has been in judicial custodysince then. In view of the fact that the charge sheet has been filed and the same wastaken on file, this Court is of the opinion that further custody of the petitioner is notnecessary for the Investigation Agency in this case. Hence, this Court is inclined togrant bail to the petitioner, however, subject to certain conditions. Accordingly, bailis granted to the petitioner subject to the following 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 for Exclusive Trial of cases under the POCSO Act, Sivagangai District;3/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5500 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 Sessions Judge, Principal Special Court for ExclusiveTrial of cases under the POCSO Act, Sivagangai District shall obtain a copy of anyone of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Sessions Judge, Principal Special Court for Exclusive Trial of case underthe POCSO Act, Sivagangai District;(iv) The petitioner shall stay at Sivagangai Town and appear and sign beforethe learned Sessions Judge, Principal Special Court for Exclusive Trial of case underthe POCSO Act, Sivagangai District on all working days at 10.30 a.m., until furtherorders;(v) The petitioner shall not leave Sivagangai Town limit until further orders.In case, if the petitioner wants to leave Sivagangai Town, he shall get priorpermission from the learned Sessions Judge, Principal Special Court for ExclusiveTrial of case under the POCSO Act, Sivagangai. The petitioner shall also not enterinto the defacto complainant's house or workplace and the school where the victimgirl is studying;(vi) The petitioner shall not try to contact the defacto complainant and thevictim girl either directly or through any electronic mode;(vii) The petitioner shall attend in accordance with the conditions of the bondto be executed under Chapter XXXV of BNS, 2023;(viii) 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;4/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5500 of 2025(ix) 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; and(x) On breach of any of the aforementioned conditions, the learned SessionsJudge, Principal Special Court for Exclusive Trial of cases under the POCSO Act,Sivagangai District is entitled to pass appropriate orders against the petitioner inaccordance with law as if the aforementioned conditions are imposed by him as laiddown by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 25/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mbiTo1.The Sessions Judge, Principal Special Court for Exclusive Trial of cases under the POCSO Act, Sivagangai District5/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5500 of 20252.The Officer-in-charge, Sub Jail, Thiruppathur, Sivagangai District.3.The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.S.M.SANJAY, Advocate ( SR-3373[I] dated 25/03/2025 ) ORDER IN CRL OP(MD) No.5500 of 2025 Date :25/03/2025 MK/SAR /25.03.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6