Karthikeyan @ Babu v. State Rep By Its, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Karthikeyan @ Babu S/O.Shanmuga Sundaram, No.47a, Periyar Street, Vettavalam Perur, Kilpennathur Taluk, Tiruvannamalai District.

Petitioner(s) Vs

1. State Rep By Its, The Inspector Of Police Awps Tiruvannamalai, Tiruvannamalai District. Crime No.28 Of 2024 Respondent(s) PRAYER To enlarge the petitioner herein on Bail in Crime No.28 of 2024 on the file of the Inspector of Police, AWPS Tiruvannamalai, Tiruvannamalai District/Respondent herein pending investigation and pass such further or other orders as this Honble Court may deem fit and thus render justice.

For Petitioner(s):

T.Shanmugam P.K.Harinath Babu K.G.Sripathi S.Sivasakthi G.Ajith For Respondent(s):

Mr. A.Gopinath, Government Advocate Criminal side

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 05.11.2024, seeking bail in Crime No.28 of 2024 registered for the offences under Section 376(2)(N) of IPC and Sections 5(l), 5(j)(ii) and 6(l) of POCSO Act.

2. It is the case of the prosecution that the petitioner is the son of the tuition Teacher of the victim girl aged 16 years; that the petitioner is a married person; that the petitioner lured the victim girl to have sexual intercourse and thus committed the aforesaid offences.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as if he committed penetrative sexual assault

to the victim girl. Further, he submits that the victim girl known to him and had love affair with him at the instigation of the parents he was falsely implicated in this case. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate submits that petitioner was already married and got divorced and he had developed intimacy with victim girl committed penetrative sexual assault. Therefore, based on the complaint of the victim's mother FIR was lodged. Further, he submits that investigation has been completed in this case and final report also filed.

5. Considering the period of incarceration undergone by the petitioner and also investigation has been completed and final report also filed, charges also framed. Hence, this Court is inclined to grant bail to the petitioner with conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Sessions and Special Court, Thiruvannamalai, 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 on every Tuesday and Saturday at 10.30 a.m. for the period of three months. Further, the petitioner shall not have any communication with the victim girl.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes pbl To 1.The Sessions and Special Court, Thiruvannamalai. 2.The Inspector of Police, All Women Police Station, Tiruvannamalai.

3. The Superintendent of Prison, Central Prison, Vellore. 4.The Public Prosecutor, High Court, Madras Note :-

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the Official Website of this Court will be watermarked and will also have a QR Code.

T.V.THAMILSELVI J.

CRL OP No. 17737 of 11-09-2025