Mahendiran v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Mahendiran S/o. Vajira Goundar ... Petitioner / Accused Vs.

The State represented by:

The Inspector of Police, Thirupathur All Women Police Station, Thirupathur, Thirupathur District.

(Crime No.5 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.5 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.G. Vinodhkumar 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 11.02.2025, seeking bail in Crime 1/5

No.5 of 2025 registered for the offences under Sections 11(1) and 12 of POCSO Act, Sections 75, 77, 78 and 79 of B.N.S.

2. The case of the prosecution is that the petitioner, who is aged about 61 years, had touched the hands of the victim girl inappropriately and on one occasion, he asked for sexual favours; that the victim girl refused and lodged the complaint.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; and that in any case, considering the nature of allegations, further custody of the petitioner is not required and prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and produced the copy of the statement of the victim recorded under Section 164 of Cr.P.C..

5. A perusal of the statement of the victim reveals that the petitioner had made lewd comments and asked for sexual favour from the victim. Considering 2/5

the aforesaid facts, the nature of allegations against the petitioner and period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 District and Sessions Judge, Thirupathur 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 Stay at Vellore and appear before the Vellore Town Police Station daily 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 3/5

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.

12.03.2025 mjs To

1. The District and Sessions Judge, Thirupathur.

2. The Inspector of Police, Thirupathur All Women Police Station, Thirupathur, Thirupathur District.

3. The Inspector of Police, Vellore Town Police Station, Vellore.

4. The Superintendent of Police, Central Prison, Vellore.

5. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs Crl.O.P.No.7170 of 2025 12.03.2025 5/5