Saminadhan v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Saminadhan ... Petitioner Vs.

The State represented by, The Inspector of Police, Gudiyatham All Women Police Station, Vellore District.

(Crime No.15 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.15 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 27.05.2024, seeking bail in Crime No.15 of 2024 registered for the offence under Sections 376(3) of IPC and Section 5(j)(ii) read with Section 6 of POCSO Act, 2012. 1/6

2. The case of the prosecution is that petitioner is the uncle of the victim aged about 16 years and that on the promise of marriage, petitioner had committed penetrative sexual assault on the victim girl, as a result of which, victim got conceived and delivered a baby on 24.05.2024. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and false case has been foisted against the petitioner. He further submitted that, in any case, the petitioner is in custody from 27.05.2024 and that further custody is not required as the charge sheet has been filed.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and confirms the fact that charge sheet has been filed and the same has not been taken on file. He further submitted that, the statement of the victim girl under Section 183 of BNS has been recorded and produced the same before this Court.

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5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering, the nature of allegation; the period of incarceration; and that since charge has been filed, further custody of the petitioner is not required, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Judge for Exclusive Trial of Cases under POCSO Act 2012, Vellore 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 trial 3/6

Court on all working days at 10.30 a.m., until further orders;

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

[d] the petitioner shall not tamper with 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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1. Special Judge for Exclusive Trial of Cases under POCSO Act 2012, Vellore

2. The Inspector of Police, Gudiyatham All Women Police Station, Vellore District.

3. The Superintendent, Central Prison, Vellore

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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