High Court · 2025

CRL OP (MD) No.8196 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.8196 of 2025Mathivanan... Petitioner/2nd Accused Vs.The State of Tamil NaduRep. by the Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram District.Crime No.3 of 2025 ... Respondent/ComplainantFor Petitioner: Mr.S.Muniyandi AdvocateFor Respondent: Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For Bail in Crime No.3 of 2025 on the file of the respondent-police.1/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8196 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, prayingto grant bail.2. The petitioner/Accused No.2 was arrested and remanded to judicialcustody on 25.01.2025 for the offences punishable under Sections 3 r/w. 4 andSection 5(g) r/w. 6 of Protection of Child From Sexual Offences Act, 2012, in CrimeNo.3 of 2025, on the file of the respondent-police.3. The case of the prosecution is that, on 24.01.2025, when the victim girl wasgoing out of the house to attend to nature’s call during night hours, the petitionerherein and the other accused sexually assaulted the victim girl. Hence, the case.4. Mr.S.Muniyandi, learned counsel appearing for the petitioner, submits thatthe petitioner has nothing to do with the alleged offence and that a false case hasbeen foisted against him. He further submits that A1 and the victim girl were in lovewith each other, which was not accepted by the family members of the victim girl.2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8196 of 2025Therefore, the petitioner (A2) assisted A1 in performing the marriage after the girlattained the age of majority. He further submits that this is the second bail petition,and the earlier petition filed by the petitioner in Crl.O.P.(MD) No. 5735 of 2025 waswithdrawn on 27.03.2025. He further submits that the petitioner has been in Judicialcustody since 25.01.2025 and is ready to abide by any conditions that may beimposed by this Court. He therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the investigation in this casehas already been completed and the charge sheet has been filed before theconcerned Court. Therefore, at this stage, if the petitioner is enlarged on bail, he mayabscond, thereby causing delay in the trial proceedings and may also cause threat tothe victim girl, her family members and witnesses. Hence, he prays to dismiss thispetition.6. Heard on both sides and perused the records including the First InformationReport as well as the statement of victim recorded under Section 183 of BNSS, 2023.7. The petitioner was arrested on 25.01.2025 and has been in judicial custody3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8196 of 2025since then. Considering the cumulative circumstances of the case and taking note ofthe fact that the investigation has been completed and the charge sheet has beenfiled before the concerned Court, this Court is of the opinion that further custody ofthe petitioner is not necessary for the Investigation Agency in this case. Further, thepetitioner has permanent residence, and therefore, there is less possibility ofabsconding. Considering the same, and also considering the period of incarceration,this Court is inclined to grant an order of bail to the petitioner, however, subject tothe 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 TwentyThousand only) to the satisfaction of the learned Judge, Fast Track Court (MahalirNeethi Mandram), Ramanathapuram;(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 Judge, Fast Track Court (Mahalir Neethi Mandram),Ramanathapuram shall obtain a copy of any one of identity proofs to ensure theiridentity;4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8196 of 2025(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judge, Fast Track Court (Mahalir Neethi Mandram), Ramanathapuram;(iv) The petitioner shall stay at Madurai after execution of suretyship and shallappear and sign before the Inspector of Police, All Women Police Station, Madurai,daily at 9.00 am and 5.00 p.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.8196 of 2025(viii) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant, victim, her family members, and witnesses; (ix) The petitioner shall not enter into the concerned Village viz., A.Pappanam,Kamuthi Taluk, without prior permission from the learned Judge, Fast Track Court(Mahalir Neethi Mandram), Ramanathapuram;(x) The petitioner shall also not enter into the house or school of the victim girland shall not try to contact the victim girl and her family members either directly orthrough any electronic mode or his men or agent; and(xi) On breach of any of the aforementioned conditions, the learned Judge, FastTrack Court (Mahalir Neethi Mandram), Ramanathapuram, is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned 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.8196 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 30/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. TRP TO1. THE JUDGE, FAST TRACK COURT (MAHALIR NEETHI MANDRAM), RAMANATHAPURAM.2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.3. THE OFFICER-IN-CHARGE, DISTRICT PRISON, RAMANTHAPURAM.4. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KAMUTHI, RAMANATHAPURAM DISTRICT.5. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI.7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8196 of 20256. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1. CC to S.MUNIYANDI Advocate SR.No.5227 (I) DT.30/04/2025 ORDER IN CRL OP(MD) No.8196 of 2025 Date :30/04/2025 PR/02.05 .2025 8P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8