Muniyan 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 Muniyan

...Petitioner/Accused

Vs.

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

(Crime No.13 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.13 of 2025 pending on the file of the respondent.

For Petitioner :

Mr.M.Vijaya Ragavan 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 02.03.2025, seeking bail in Crime No.13 of 2025 registered for the offence under Sections 296(b) of Page No.1 of 5

BNS r/w 7, 8 of Protection of Children from Sexual Offences Act, 2012.

2. The case of the prosecution is that the petitioner, aged about 75 years had inappropriately hugged the victim girl, aged about 13 years and thus committed the aforesaid offence.

3.The learned counsel for the petitioner would submit that the allegations are false and the complaint has been lodged at the instance of the mother of the victim girl 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.

5. This Court perused the Section 183 BNSS statement and finds that the victim girl has stated that the petitioner has not committed any offence. Considering the aforesaid facts, nature of allegations against the petitioner and the period of Page No.2 of 5

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 Principal District Sessions Judge, Kallakurichi 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;

[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 Page No.3 of 5

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, Kallakurichi District.

2.The Principal District Sessions Judge, Kallakurichi.

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

SUNDER MOHAN, J.

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