Vasudevan v. State Rep By The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Vasudevan ... Petitioner/ accused Vs.
The State represented by, The Station House Officer, Mettupalaiyam Police Station, Through Special Public Prosecutor (Crime No. 59 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.59 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Saravana kumar For Respondent : Mr.K.S.Mohandass Public Prosecutor (Puducherry) 1/6
O R D E R
The petitioner/ accused, who was arrested and remanded to judicial custody on 24.03.2025, for the alleged offences punishable under Section 6 of POCSO Act, in Crime No.59 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the victim girl, aged 17 years were in a love affair. The petitioner is alleged to have committed penetrative sexual assault on the minor victim girl and she got pregnant. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner and the victim girl were in a love affair and had sexual intercourse with the consent of the victim girl. He would submit that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 2/6
4. Learned Government Advocate for the respondent submitted that the petitioner is alleged to have committed penetrative sexual assault on the minor victim girl, aged 17 years and she got pregnant. Thereby, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsels on either side and the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Fast Track Court Exclusively to deal with offences under the POCSO Act, Pondicherry 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 3/6
or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the Fast Track Court Exclusively to deal with offences under the POCSO Act, Pondicherry daily at 10.30 a.m from Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday 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 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 4/6
FIR can be registered under Section 269 B.N.S. 21.05.2025 Anu 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 official website of this Court will be watermarked and will also have a QR code.
To 1.The Fast Track Court Exclusively to deal with offences under the POCSO Act, Pondicherry
2. The Station House Officer, Mettupalaiyam Police Station 3.The Superintendent, Central Prison, Kalapattu, Puducherry N.SENTHILKUMAR ,J.
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Anu 4.The Public Prosecutor, High Court of Madras.
21.05.2025 6/6