Gokul v. The State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL.O.P.No.17779 of 2025 Gokul Petitioner Vs The State Represented by, The Inspector of Police, All Women Police Station, KVR Nagar, Tiruppur District.

Crime No.29 of 2025 Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner/Accused on Bail in Crime No.29 of 2025 (on the file of the All Women Police Station, KVR Nagar, Tiruppur District) pending investigation on the file of the Respondent Police. For Petitioner For Respondent :

: Mr.S.Mageshkumar Mr.R.Vinothraja, Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.05.2025, for the offence punishable under Sections 11(4), 11(5) r/w 12 of Prohibition of Child from Sexual offences Act, 2012 and 67B(b) of Information

Technology (Amendment) Act 2008 in Crime No.29 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner had love affair with the victim girl and with false motives continuously sexually assaulted her. Hence, this complaint.

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 also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 02.05.2025. He further submitted 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.

4. 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 the petitioner was arrested on 02.05.2025.

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 considering 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 Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur 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 trial Court on every Monday at 10.30 a.m., till the charge sheet is filed and thereafter, on all hearing dates without fail. [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.

23.07.2025 kmm Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Sessions Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur.

2. The Inspector of Police, All Women Police Station, KVR Nagar, Tiruppur District.

3. Central Prison, Coimbatore.

4. Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

kmm CRL.O.P.No.17779 of 2025 23.07.2025