High Court · 2025

CRL.OP(MD). No.7093 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.7093 of 2025Pomisha... Petitioner / Accused No.3Vs.The State of Tamil Nadu rep byThe Inspector of Police,All Women Police Station,Nagercoil,Kanniyakumari District.(Crime No.17 of 2025)... Respondent /ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.17 of 2025 on the file of the respondent police.For Petitioner :Mr.N.Pragalathan,AdvocateFor Respondent:Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)ORDER : The Court made the following order :-1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7093 of 2025This Criminal Original Petition has been filed by the petitioner on 16.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent- police forthe offences punishable under Sections 115(2), 331, 296(b), 351(2) of BNS, 2023 andSections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, inCrime No.17 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the three people have been named asaccused: the 1st accused (petitioner’s brother), the 2nd accused (petitioner’s mother),and the petitioner himself (3rd accused). The case was filed by the mother of a 17-year-old girl who stated that her daughter was deceived and harassed by the 1staccused, who pretended to be in love with her. He reportedly took her photos andused them to threaten her. The 1st and 2nd accused conspired to circulate editedphotos and later created a public scene near a temple. On 15.02.2025, all threeaccused allegedly trespassed into the defacto complainant’s home, threatened todefame the girl, and the petitioner (3rd accused) physically assaulted her. Hence,the case.2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7093 of 20254. Mr.N.Pragalathan, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and she has not committed any offence as allegedby the prosecution and a false case has been foisted against the petitioner. Hefurther submits that the petitioner and the victim girl are friends. Consequently, thedefacto complainant falsely lodged a complaint against the petitioner and her familymembers before the respondent-police. He however submits that the petitioner isready to abide by any conditions to be imposed by this Court. He therefore prays forgrant of pre-arrest bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate(Criminal Side) appearing for the respondent-police, submits that the accusedpersons trespassed into the defacto complainant’s home, threatened to defame thevictim girl, and the petitioner physically assaulted her. Therefore, he contends that,if the petitioner is granted pre-arrest bail, she will cause threat to the defactocomplainant and the victim girl. Accordingly, he prays to dismiss this CriminalOriginal Petition.6. Heard on both sides. This Court has perused the records including the3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7093 of 2025statement recorded from the victim girl under Section 183 of BNSS, 2023.7. In view of the offence alleged against the petitioner, this Court is of the viewthat custodial interrogation of the petitioner may not be necessary in this case. Thepetitioner has permanent residence. Therefore, there is less possibility forabsconding. Considering the above and also considering the facts and circumstancesof the case and also taking note of the fact that there are no previous cases againstthe petitioner and with a view to give an opportunity to the petitioner to reformherself, this Court is inclined to grant an order of pre-arrest bail to the petitionersubject to the following conditions.(i) The petitioner shall be released on pre-arrest bail in the event of her arrestor in the event of her surrender before the learned Judge, Special Court for thePOCSO Act Cases, Nagercoil, Kanniyakumari District, within a period of 15 daysfrom date on which the order copy is made ready, on executing a bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sumof Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judge,Special Court for the POCSO Act Cases, Nagercoil, Kanniyakumari District.(ii) The sureties shall affix their photographs and left thumb impression in the4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7093 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judge, Special Court for the POCSO Act Cases,Nagercoil, Kanniyakumari District shall obtain a copy of any one of identity proofsto ensure their identity. (iii) The petitioner shall appear and sign before the respondent-police as andwhen required for interrogation.(iv) The petitioner shall make herself available for interrogation by a policeofficer as and when required.(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.(vi) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant, the victim girl and witnesses and shall not tamper theevidence.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7093 of 2025(vii) The petitioner shall not leave India without the previous permission ofthe Court.(viii) The petitioner shall furnish her residential address and mobile numberto the learned Judge, Special Court for the POCSO Act Cases, Nagercoil,Kanniyakumari District.(ix) On breach of any of the aforementioned conditions, the learned Judge,Special Court for the POCSO Act Cases, Nagercoil, Kanniyakumari District or TrialCourt, as the case may be, is entitled to pass appropriate orders against thepetitioner in accordance with law as if the aforementioned conditions are imposedby 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/- 28/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7093 of 2025PAL TO1.THE JUDGE, SPECIAL COURT FOR THE POCSO ACT CASES, NAGERCOIL, KANNIYAKUMARI DISTRICT.2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANNIYAKUMARI DISTRICT.3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-5223[I] dated 30/04/2025 ) ORDER IN CRL OP(MD) No.7093 of 2025 Date :28/04/2025 HPS/29.05.2025 /7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7