V.Inbanathan v. State Rep.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR V.Inbanathan Petitioner Vs State rep.
The Station House Officer, A.W.P.S Neyveli, Cuddalore District.
Crime No.22 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.22 of 2025 on the file of the respondent police, The Station House Officer, A.W.P.S Neyveli, Cuddalore District.
For Petitioner:
Mr.S.Vinoth Kumar For Respondent:
Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
11.05.2025, for the offence punishable under Sections 7, 8 of POCSO Act, 2012 and Section 67 of the Information Technology Act, 2000 in connection with Crime No.22 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner aged about 60 years who is a neighbour to the victim girl aged about 14 years, had committed a sexual assault to her and also threatened to publish the video online. Hence, the case.
3. The contention of the petitioner is that the petitioner is innocent and has been falsely implicated in this case and there is no previous case against the petitioner. The learned counsel further submitted that the petitioner is suffering incarceration from 11.05.2025 and the petitioner undertakes to avoid entering the Neyveli Township till completion of trial and will not cause disturbance to the victim minor girl. 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 further submitted that if
the petitioner is released on bail, he would tamper the witnesses and endangering the life of the victim, and that the investigation is still pending and strongly opposed for release of the petitioner on bail.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, nature of allegations, 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 Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore 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 not enter the Neyveli Township till completion of trial and shall not disturb the victim girl. [c] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; [d] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] 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; [g] 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];
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
16-06-2025 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 Station House Officer, A.W.P.S Neyveli, Cuddalore District.
Crime No.22 of 2025 2.The Superintendent, Central Prison, Cuddalore.
3.The Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.
4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
Jai CRL OP No. 17122 of 16-06-2025