High Court · 2025

CRL OP (MD) No.8112 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.8112 of 2025Sasikumar... Petitioner/Sole Accused Vs.The State of Tamil NaduRep. by The Inspector of Police,All Women Police Station,Thirupathur,Sivagangai District.Crime No.7 of 2025... Respondent/Complainant For Petitioner : Mr.K.Sivabalan, Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side)PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :- For Bail in Crime No.7 of 2025 on the file of the respondent-police.1/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8112 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 28.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Sole Accused was arrested and remanded to judicial custodyon 05.03.2025 for the offences punishable under Sections 5(1), 5(n) r/w. 6 of theProtection of Child from Sexual Offences Act, 2012, in Crime No.7 of 2025 on the fileof the respondent-police.3. The case of the prosecution is that since the complainant and her husband areworking away from home, their daughters are staying at the house of thecomplainant's sister-in-law (her husband's sister). During this period, the petitioner,who is the son of the sister-in-law, sexually assaulted the complainant's seconddaughter, aged about 13 years, on several occasions over a period of five months.Hence, the complaint.4. Mr.K.Sivabalan, learned counsel appearing for the petitioner, submits that the2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8112 of 2025petitioner has nothing to do with the alleged offence and that a false case has beenfoisted against him. He however submits that he is ready to abide by any conditionsthat may be imposed by this Court. He further submits that the petitioner has been injudicial custody since 05.03.2025. Therefore, he prays for granting bail to thepetitioner.5. Per contra, Mr.M.Karunanithi, learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that the petitioner and the defactocomplainant are close relatives and that the petitioner is an unmarried person. Hefurther submits that if bail is granted to the petitioner, he may cause threat to thedefacto complainant, the victim and other witnesses, thereby causing delay in theinvestigation proceedings. Accordingly, he strongly opposes to grant bail to thepetitioner.6. This Court has considered the submission made on either side. This Courthas perused the records including the First Information Report and the statementrecorded from the victims under Section 183 of BNSS, 2023.7. In view of the allegation made against the petitioner in the First Information3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8112 of 2025Report and in view of the statement recorded from the victim under Section 183 ofBNSS, 2023, this Court is of the view that further custody of the petitioner is notnecessary for the investigating agency in this case. Further, the petitioner haspermanent residence and deep roots in the society, and therefore, there is lesspossibility of absconding. Considering the same and also considering the period ofincarceration suffered by the petitioner, this Court is inclined to grant an order of bailto the petitioner, however, 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 Principal Special Judge for exclusivetrial of Cases under the POCSO Act, 2012, Sivagangai;(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 Principal Special Judge for exclusive trial of Cases underthe POCSO Act, 2012, Sivagangai shall obtain a copy of any one of identity proofs toensure their identity;4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8112 of 2025(iii) The petitioner shall furnish his residential address and mobile number tothe learned Principal Special Judge for exclusive trial of Cases under the POCSO Act,2012, Sivagangai;(iv) The petitioner shall stay at Coimbatore after execution of suretyship, andshall appear and sign before the Inspector of Police, Race Course Road Police Station,Coimbatore daily at 09.00 a.m., until further orders; (v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(vii) 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;5/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8112 of 2025(viii) The petitioner shall not enter into the house or school of the victim;(ix) The petitioner shall not directly or indirectly cause any threat to the defactocomplainant, the victim and the witnesses;(x) The petitioner shall also not try to contact the victim through his men oragent or any other electronic gadgets;(xi) The petitioner shall not enter into Ulagampatti Kurumbular Village,Sivagangai District without prior permission from the learned Principal Special Judgefor Exclusive Trial of Cases under the POCSO Act, 2012, Sivagangai; and(xii) On breach of any of the aforementioned conditions, the learned PrincipalSpecial Judge for Exclusive Trial of Cases under the POCSO Act, 2012, Sivagangai, 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].6/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8112 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 30/04/2025 / TRUE COPY / 02/05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE PRINCIPAL SPECIAL JUDGEFOR EXCLUSIVE TRIAL OF CASES UNDER THE POCSO ACT, 2012, SIVAGANGAI.2 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION,THIRUPATHUR,SIVAGANGAI DISTRICT.3 THE OFFICER INCHARGE,DISTRICT PRISON, RAMANATHAPURAM. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:THE INSPECTOR OF POLICERACE COURSE ROAD POLICE STATION, COIMBATORE+1 CC to M/s.K.SIVABALAN, Advocate ( SR-5170[I] dated 30/04/2025 )7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8112 of 2025 ORDER IN CRL OP(MD) No.8112 of 2025 Date :30/04/2025 SS/SAR- /02/05/2025/ 8P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8