Pechimuthu v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2220 of 2026 Pechimuthu ... Petitioner -vsState Rep by, The Inspector of Police, Avinashi All Women Police Station, Tiruppur District.

(Crime No.30 of 2025) ... Respondent 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 :

Mr.A.Rahul For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.10.2025 for the offences punishable under Section 5(1) r/w 6 of POSCO Act, 2012 in Crime No.30 of 2025, registered on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that he developed a physical relationship with the victim's mother for some time and, after gaining her confidence, shifted her family to Tiruppur, where they stayed together. In the meantime, when the victim girl (daughter of defacto complainant) was alone, the petitioner allegedly committed aggravated penetrative sexual assault on her. After committing the offence, he is stated to have threatened the victim not to disclose the same to her family members, stating that if she did so, he would kill all the family members. Hence, the victim did not disclose the incident to anyone. Subsequently, the victim joined school and after some time, returned home. When the petitioner once again attempted to commit the said offence, the victim immediately disclosed the incident to her mother, and hence a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that, in the earlier complaint lodged by the defacto complainant, she herself had stated before the police that the complaint was given due to a money dispute and that she was not interested in proceeding with the case. Accordingly, the said complaint was closed. However, she subsequently lodged another complaint before the District Collector against the petitioner, pursuant to which investigation was conducted and the petitioner was arrested. Hence, the petitioner has been falsely implicated in this case and prays to grant bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner was arrested and that the investigation is concluded and the trial is pending in Spl.S.C.No.287 of 2025. He further produced the copy of the statement recorded under Section 183 of BNS, before this Court.

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

5. On perusal of the FIR, the statement of the victim girl and the other connected materials, this Court finds that several disturbing factors emerge. However, considering the averments made in the FIR, the fact that the investigation completed and the final report filed, this Court is inclined to grant bail with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Sessions Magalir Neethi Mandram, Fast Track Mahila Court, Tiruppur, 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 Concerned 3/6

Court daily at 10.30 a.m., for a period of three weeks and the petitioner shall not enter into the jurisdictional limits of the police station where the victim girl resides; [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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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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 Sessions Magalir Neethi Mandram, Fast Track Mahila Court, Tiruppur.

2.The Inspector of Police, Avinashi All Women Police Station, Tiruppur District.

3.The Superintendent, Central Jail, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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