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Madras High CourtCRL OP/745/2026granted

N.Padhmanaban v. The State Rep.By, The Inspector Of Police,

2026-01-09Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR N.Padhmanaban Petitioner S/o. Narayanasamy, No.83/H20, Manali New Town, Chennai - 600 103.

Vs The State Rep.by, The Inspector of Police, Respondent W-34, All Women Police Station, Ennore, Chennai.

Cr.No.30 of 2025.

PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.30 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr. B.Viswanathan For Respondent(s):

Mr.A.Gopinath, GA (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.11.2025 for the offences punishable under Sections 7 r/w 8, 5(1) r/w 6 of POCSO Act, in Crime No.30 of 2025, registered on the file of the respondent police, seeks bail.

2. The allegation against this petitioner is that the petitioner herein is

running a shop in which the victim girl was an employee and taking advantage of proximity, the petitioner has committed aggregated penetrative sexual assault and when she questioned the same, he threatened her stating that he has videographed the incident and if she is not continue the relationship with him, he would upload the same in the online. Further taking advantage of the same, he continued with sexual relationship with her and she has also became pregnant. The petitioner joined hands with his wife and given medicine for the miscarriage and the same had taken place. Hence complaint was lodged and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has already paid a huge amount to avoid the embarrassment and he further submitted that the petitioner is in judicial custody since 28.11.2025 and hence, he prays for grant of bail of petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the investigation is completed and final report is also filed. However, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record

including the First Information Report.

6. Considering the nature of allegation levelled against the petitioner and the connected facts of the case and that the investigation is completed and final report is also filed and that the alleged occurrence took place some years back, this court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions

have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

K.RAJASEKAR J.

gv [f] If the accused thereafter absconds, a fresh FIR can be registered under Section B.N.S.

09.01.2026 Note:1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur, 2.The Inspector of Police, W-34, All Women Police Station, Ennore, Chennai. Cr.No.30 of 2025.

‍ 3.The Superintendent, Central Prison , Puzhal, Chennai 4.The Public Prosecutor, High Court, Madras.

gv 09-01-2026