M.Kavinkumar v. The Sate Represented By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Kavinkumar Petitioner(s) Vs The Sate represented by, The Inspector of Police AWPS-Salem Town, Salem.
Crime No.24 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.24 of 2025 on the file of the respondent police For Petitioner(s):
Mr.J.Franklin For Respondent(s):
Mr.L.Baskaran, GA (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.04.2025 for the offence punishable under Section 11 (i) read with Section 12 of POCSO Act 2012 in connection with Crime No.24 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner misbehaved with the victim minor girl by exposing his private parts. Hence, the case.
3. Learned counsel for the petitioner would submit that petitioner is innocent and has been falsely implicated in this case. The learned counsel further submitted that the petitioner is suffering incarceration from 08.04.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the statement of the victim was recorded under Section 183 of BNSS Act
and opposed for grant of bail to the petitioner by stating that if the petitioner is released on bail, there are chances for the petitioner to abscond and to threaten the victim and to tamper the witnesses.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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 Sessions Judge, Principal POCSO Court, Salem and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019'].
The learned Magistrate shall obtain a copy of any one of the identity proofs 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 make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
18-06-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.
To 1.The Inspector of Police AWPS-Salem Town, Salem.
2. The Sessions Judge, Principal POCSO Court, Salem.
3. The Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
jai CRL OP No. 15719 of 18-06-2025