High Court · 2025

CRL OP(MD).No.11060 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 31/07/2025Pronounced on : 19/08/2025PRESENTTHE HONOURABLE MR.JUSTICE P.VADAMALAICRL OP(MD).No.11060 of 2025Abisha, D/o.Kumar, ..Petitioner/ Defacto-complainant Vs1. NeelakandanS/o.Arunachalam.. 1st respondent/Accused 2. The State of Tamilnadu rep.by The Inspector of Police,All Women Police Station, Alangulam, Tenkasi. (Crime No.15 of 2025) ..2nd Respondent/Complainant For Petitioner : Mr.C.Ezhilarasu Advocate. For Respondent-1 : Mr.G.Anto Prince Advocate For Respondent-2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PRAYER :- Criminal Original Petition filed under Section 483(2) of BNSS to cancel1/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025the bail granted by the learned Principal Sessions Judge, Tenkasi in Crl.MP.No.1529of 2025 dated 10.06.2025. ORDER : This Court made the following order :- The case of the prosecution is that on 09.02.2023 when this petitioner was athome, the first respondent/accused came to her home by evening and he enquiredabout her mother and voluntarily entered into the kitchen, he made bad touches onher body and he tried to molest and smooched her. She tried to escape from theplace but all of a sudden he picked his revolver and threatened her not to callanyone and don't reveal anything to others, he threatened with dire consequences. 2. The learned Counsel for the petitioner/defacto-complainant would submitthat this petitioner live with her parents at Pavoorchatram, Tenkasi District, she isstudying first year BDS at RVS Bala Medical College, Sulur, Coimbatore. In the year2022, when she was studying at Hilton Matriculation Higher Secondary School,Courtallam (she was 17 years old), she had gone with her mother to her close friendAzhagu Darshini's house to meet her father Mariyappan @ Kannan. At AzhaguDarshini's house, this petitioner met Darshini's father's friend, Neelakandan 1strespondent/accused), for the first time and she got acquainted with the accused. Hespoke to her in a good manner and she told him that she was going to study MBBS2/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025and she wish to become a doctor after appearing for the NEET exam. The firstrespondent/accused spoke with her affectionately with great enthusiasm, sayingthat he would make her study and get MBBS seat for her. 3. The learned counsel for the petitioner further submitted that on 09.02.2023,the accused Neelakandan came to the petitioner's house and asked about hermother, this petitioner told him that her brother was unwell and Mother had takenher brother to the hospital. Suddenly, the accused Neelakandan opened the gate andcame in and said that, "Study well, don't worry about the money, I will take care ofeverything," and patted her on the back, then he asked water, she went inside thekitchen to boil water. Suddenly, the accused Neelakandan came from behind andhugged her, and then tried to kiss her, she was very scared and suddenly he wouldtake off his shirt and show the gun in his waist and threatened her. 4. The learned counsel for the petitioner further submitted that On 19.01.2024,this petitioner along with her mother presented a petition before the Special Courtfor POCSO Act cases, Tiruneveli, the said Court forwarded the petition toSuperintendent of Police, but there also not taken any steps to resolve the grievanceof the petitioner. Thereafter, this petitioner constrained to file a direction petition3/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025before this Court in Crl.O.P.(MD).No.7317 of 2025 and the same was allowed bythis Court on 24.04.2025. After getting order of direction, the second respondent hasnot come forward to register case against the first respondent under POCSO Act.Thereafter, this petitioner sent a complaint to the Human Rights Commission, thesaid complaint was forwarded to Governor of Tamil Nadu. Then only, the secondrespondent registered a case in Crime No.15 of 2025 for the offences under Sections7 and 8 of POCSO Act and 506(2) of IPC. After registration of FIR, the secondrespondent has not come forward to arrest the first respondent. On 06.06.2025 onlythe 1st respondent/accused was arrested and remanded to judicial custody. 5. He further submitted that the first respondent/accused moved a bailapplication in Crl.MP.No.1529 of 2025 before the Principal Sessions Judge, Tenkasi.On 10.06.2025, the learned Principal Sessions Judge, Tenkasi had granted bail to thefirst respondent/accused. It is pertinent to mention that the firstrespondent/accused was in judicial custody only for five days, the trial Courtwithout considering the period of incarceration, mechanically granted bail to thefirst respondent/accused. The first respondent/accused has also filed anmodification petition in Crl.MP.No.1690/2025 before the trial Court to modify thecondition imposed on the first respondent/accused in Crl.MP.No.1529/2025 dated4/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 202510.06.2025. On 21.06.2025, the trial Court had also allowed the said modificationpetition and modified the condition imposed on the first respondent/accused anddirected him to report and sign before the Learned Judicial Magistrate, Alangulamdaily at 10.30a.m. until further orders. Further, the first respondent has filed arelaxation petition before the trial Court and the same was also allowed by the trialcourt by way of order dated 23.07.2025 in Crl.M.P.No.1908 of 2025 and the firstrespondent is directed to report before the respondent police on first day of everymonth until further orders. The first respondent/accused is a influenced person inthat locality, if the first respondent/accused on bail, the life of this petitioner and hermother is in danger, the fist respondent has continuously threatening the petitionerand her family members to withdraw the case and he trying to escape from theclutches of law. Hence, he prays to cancel the bail granted to the first respondent bythe learned Principal Sessions Judge, Tenkasi by way of order dated 10.06.2025 inCrl.MP.No.1529/2025. 6. The learned Counsel for the first respondent would submit that due to civildispute, this petitioner has been falsely implicated in this case and the petitioner is aold and sick man and originally dispute arose on 21.11.2023, when the firstrespondent obtained sale deed from the father of the complainant through the5/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025Power Agent, and with regard to the above said matter an F.I.R. in Cr.No.145/2025has also registered and in that F.I.R. also it is stated that Mrs.Blessy filed a complaintbefore the Tenkasi District Superintendent of Police in January 2024 and on theinvestigation it is found that there is no wrong against this first respondent and asuit in O.S.No.2 of 2024 also pending between the parties and due to the above saidmotive a false complainant has been given against this first respondent. On perusalof F.I.R. it is stated that at the time of occurrence, this first respondent put his handon the victim's back side and he demanded water from her and when she went intothe house for fetching water, this first respondent went into the house and tried toembrace and kiss the victim and hence the offence u/s.7 and 8 of POCSO Act wasnot made out against the first respondent. The first respondent's health wasseriously affected by sickness and he was treated in the Jail hospital, for the saidreason only bail was granted to the first respondent by the learned Principalsessions Judge, Tenkasi on 10.06.2025. From 28.06.2025 onwards, this petitionerhas been regularly complying the condition imposed by the trial Court. All theallegations levelled against the first respondent/accused are baseless and false innature. The first respondent/accused is an innocent person and he has notcommitted any offences as alleged by the prosecution. The first respondent is a lawabiding citizen and always ready and willing to cooperate with the investigation.6/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025Hence, he prays to dismiss the present cancellation of bail petition. 7. The learned Government Advocate (Criminal Side) would submit that thiscase has been registered based on the direction of the Hon'ble High Court and theallegation against the first respondent is that the petitioner put his hand on thevictim's back side and he demanded water from her and when she went into thehouse for fetching water, this first respondent/accused trespassed into the houseand tried to embrace and kiss the victim and threatened her with dire consequencesand the investigation in this case is still pending. The first respondent / Accused,was arrested and remanded to judicial custody on 06.06.2025 for the offencespunishable under Sections 7, 8 of POCSO Act and Section 506(2) of IPC in CrimeNo.15 of 2025 on the file of the respondent police. He regularly appeared and signbefore the respondent police. With regard to the civil dispute a F.I.R. in Cr.No.145 of2025 on the file of respondent police is pending. Hence, he objected to allow thepresent cancellation of bail petition. 8. Heard and perused the available records. It is seen from the records that thepetitioner, who is de facto complainant, lodged complaint alleging that the 1strespondent trespassed into her house, by enquiring about her mother and made bad7/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025touches on her body and also tried to embrace and also criminally intimidated her.So, a case in Cr.No.15 of 2025 was registered U/s.7 and 8 of POCSO Act and 506(2) of IPC. The 1st respondent filed the bail application in Crl.M.P. No.1529/2025before the Principal Sessions Court, Tenkasi, stating that due to civil dispute andprevious enmity, the petitioner has falsely implicated him and also stating agerelated illness. The bail was granted by the Principal Sessions Court, Tenkasi on10.06.2025 with conditions and thereafter, the daily appearance condition before the2nd respondent police was modified as to appear 1st day of every month from01.08.2025 as per order in Crl.M.P.No.1908 of 2025.9. Now, the petitioner has filed this petition to cancel the bail on the groundthat the 1st respondent has been following her wherever she goes and also her life isendangered at the hands of the 1st respondent. 10. It is well settled that considerations for the grant of bail and for thecancellation of bail are different. In this regard, it is useful to refer to the observationof the Hon’ble Supreme Court in Dolat Ram and others Vs. State of Haryanareported in (1995) 1 SCC 349, wherein the Hon'ble Supreme Court has stated asfollows:8/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025“4. Rejection of bail in a non-bailable case at the initial stage andthe cancellation of bail so granted, have to be considered and dealt withon different basis. Very cogent and overwhelming circumstances arenecessary for an order directing the cancellation of the bail, alreadygranted. Generally speaking, the grounds for cancellation of bail,broadly (illustrative and not exhaustive) are: interference or attempt tointerfere with the due course of administration of justice or evasion orattempt to evade the due course of justice or abuse of the concessiongranted to the accused in any manner. The satisfaction of the court, onthe basis of material placed on the record of the possibility of the accusedabsconding is yet another reason justifying the cancellation of bail.However, bail once granted should not be cancelled in a mechanicalmanner without considering whether any supervening circumstanceshave rendered it no longer conducive to a fair trial to allow the accusedto retain his freedom by enjoying the concession of bail during the trial.These principles, it appears, were lost sight of by the High Court whenit decided to cancel the bail, already granted. The High Court it appearsto us overlooked the distinction of the factors relevant for rejecting bailin a non-bailable case in the first instance and the cancellation of bailalready granted.”11. The Hon’ble Supreme Court has laid down the following grounds forcancellation of bail in the above judgment.(i)Interference or attempt to interfere with the due course of administration ofjustice.9/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 2025(ii)Evasion or attempt to evade the due course of justice(iii)Abuse of the concession granted to the accused in any manner(iv)Possibility of the accused absconding(v)Likelihood of /actual misuse of bail(vi)Likelihood of the accused tempering with the evidence or threateningwitnesses. 12. The 2nd respondent police has stated that the 1st respondent has notviolated any of the conditions imposed on him as per the bail order and also he hasnot attempted to tamper with the witnesses. On the 2nd respondent's side, it isfurther stated that the 1st respondent is cooperating with the investigation. Thepetitioner has not produced any material to show that the 1st respondent hasviolated the aforesaid conditions and also she has not produced any material tosatisfy the ingredients for cancellation of bail. She simply stated that the 1strespondent has been following her and intimidating her, but she has not filed anycomplaint. There are no adverse grounds put forth by the 2nd respondent policeagainst the 1st respondent. After filing the present case, there is another caseregistered in Crime No.145 of 2025 based on civil dispute and there is a civil suitpending in O.S.No.2 of 2024 between the parties. Hence, it is presumed that thepetitioner is attempting to multiply the proceedings. In these circumstances, thisCourt does not find any reason to cancel the bail.10/11 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11060 of 202513. In the result, this Criminal Original Petition is dismissed. sd/- 19/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.gvnTO1 The Principal Sessions Judge,Tenkasi.2 The Superintendent,Central Prison, Palayamkottai.3 The Inspector of Police,All Women Police Station, Alangulam, Tenkasi District.4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.11060 of 2025 Date :19/08/2025 NM/09.09.2025/ 11P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 11/11