Sathishkumar v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.04.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Sathishkumar S/o. Anumandhan ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Vaniyambadi All Women Police Station, Thirupathur District.
... Respondent [Cr. No.6 of 2025 ] PRAYER: - Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.6 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. R. Parthiban For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side]
ORDER
This Criminal Original Petition has been filed by the 1/6
petitioner/accused, who was arrested and remanded to judicial custody on 14.03.2025, seeking bail in Crime No.6 of 2025 registered for the offences under Sections 11(5) read with 12 of POCSO Act, Sections 78(2), 296(b), 115(2), 351(2) and 77 of B.N.S. and Section 67A of Information Technology Act.
2. The case of the prosecution is that the petitioner and the victim girl, born on 27.10.2006, had a love affair; that the victim girl used to speak to the petitioner through video call after removing dresses; that the petitioner had taken pictures of the same and thereafter, threatened the victim and demanded a sum of Rs.2 lakhs and thus committed the aforesaid offences.
3. Learned counsel for the petitioner would contend that the petitioner is in judicial custody from 14.03.2025; that the allegations against the petitioner are false; that this is a case of consensual relationship; that though the alleged allegations are said to have taken place on 10.05.2024, FIR was registered in March 2025; that considering 2/6
the period of incarceration, prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal Side), on instructions, while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions, confirmed that the petitioner and the victim girl had a love affair and also produced the copy of statement recorded under Section 183 of B.N.S.S, which confirms the prosecution case. Further, he submitted that the petitioner had sent the videos and photographs to the mother and the teachers of the victim girl and demanded money.
5. The petitioner is in judicial custody from 14.03.2025. The mobile phone of the petitioner has been seized. Considering the aforesaid facts, nature of allegations, submissions made by the learned counsels on either side and since, further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6
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 learned District 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 Chennai and shall report before the North Beach Police Station, everyday 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, 4/6
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. 24.04.2025 mjs To
1. The District Sessions Judge, Thirupathur.
2.The Inspector of Police,Vaniyambadi All Women Police Station, Thirupathur District
3. The Inspector of Police, North Beach Police Station, Chennai.
4. The Superintendent of Police, Central Prison, Vellore.
5. The Public Prosecutor, High Court of Madras. SUNDER MOHAN. J., mjs 5/6
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