P.Akathiyan v. State By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR P.Akathiyan ... Petitioner/Single Accused Vs.

State by its Inspector of Police, Sholinghur Police Station, Sholinghur Ranipet District.

(Crime No.174 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.174 of 2025 on the file of the respondent. For Petitioner :

Mr.G.Senthil Kumar For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.05.2025, for the offence punishable under Sections 7 and 8 of POCSO 1/6

Act, 2012 and offence under Sections 296(b), 115(2) and 351(3) of B.N.S (Sections 294(b), 323 & 506(ii) of I.P.C) in Crime No.174 of 2025, registered on the file of the respondent, seeks bail.

2. The contention of the petitioner is that the petitioner is a relative of the first victim. Since the petitioner was interested to marry her, which was opposed by her parents, taking advantage of the age of the first victim, the case has been projected. On 01.05.2025, the first victim, along with her friend, had gone to the bus stand along with her father. At that time, the petitioner is said to have made improper touch on the cousin (first victim) and her friend. The case has been registered only to keep away the petitioner from any relationship with the first victim. He further submits that the petitioner 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.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that there are two victims. Both the victims are confirming the act of the petitioner making improper touches and showing 2/6

signs. The petitioner was arrested, and the investigation is in progress. He further submits that till such time the petitioner may be directed to stay out of the jurisdiction so that the victims may feel safe.

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal District Session Court, Ranipet, Ranipet District 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 3/6

identity;

[b] the petitioner is directed to stay at Madurai and report before the Tallakulam Police Station, Madurai, at 10.30 a.m., daily for a period of three weeks and thereafter, as and when required for further interrogation;

[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 4/6

FIR can be registered under Section 269 of B.N.S. 09.06.2025 cda 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 Principal District Session Court, Ranipet, Ranipet District.

2.The Inspector of Police, Sholinghur Police Station, Sholinghur Ranipet District.

3.The Inspector of Police, Tallakulam Police Station, Madurai.

5/6

M.NIRMAL KUMAR, J.

cda 3.The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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