Muthukumar.R v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN R.Muthukumar

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, All Women Police Station, Virugambakkam.

(Crime No.4 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.4 of 2025 pending on the file of the respondent.

For Petitioner :

Mr.N.Suriyamuthu For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.01.2025, seeking bail Page No.1 of 5

in Crime No.4 of 2025 registered for the offence under Sections 9(k) r/w 10 of POCSO Act 2012 & 137(2) of BNS.

2. The case of the prosecution is that the petitioner, aged about 31 years and the victim girl, aged about 14 years are neighbours; the petitioner took the victim girl, who had mental disability, to a secluded place and had inappropriately touched her breast and kissed her and thus, committed the aforesaid offences.

3.The learned counsel for the petitioner would submit that the allegations are false and that in any case, considering the period of incarceration, he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of bail to the petitioner and submitted a copy of Section 183 BNSS statement of the victim's mother.

5. The allegations against the petitioner in the FIR and Section 183 BNSS statement, revealed that the petitioner inappropriately touched the Page No.2 of 5

victim girl. Considering the nature of allegations against the petitioner and the 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 Special Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur 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 respondent police 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 witness either during investigation or trial;

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[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.

07.04.2025 rkp Copy to:

1.The Inspector of Police, All Women Police Station, Virugambakkam.

2.The Special Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvallur.

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

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SUNDER MOHAN, J.

rkp 07.04.2025 Page No.5 of 5