Muruganandam v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Muruganandam ... Petitioner Vs.

State rep. by The Inspector of Police All Women Police Station Nanilam Thiruvarur District Crime No.14 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation in Crime No. 14 of 2025 on the file of the respondent police. For Petitioner :

Mr. T.Muruganantham For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 26.04.2025, for the offence punishable under Section 7 r/w Section 8 of POCSO Act, 2012 , in connection with Crime No.14 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution as per the defacto complainant/mother of the victim girl is that the petitioner came to victim's house and alleged to have made inappropriate touch on the victim girl. 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 also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 26.04.2025. It is the contention of the petitioner that there was a family dispute between the petitioner and the defaco complainant which is now projected as he made inappropriate touch on the victim girl. Hence, he prayed for grant of bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent police, while opposing for grant of bail to the petitioner submitted that the petitioner, who was in inebriated condition had come and sleep near the victim girl and later, the victim girl informed the same to her mother and her aunt and a case has been registered.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering that fact that there is a family dispute between them and the petitioner was in inebriated condition on that day and also 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 Judicial Magistrate, Nannilam 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, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation;

[c] the petitioner shall make himself available for 3/6

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]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.06.2025 nr Note:

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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 Judicial Magistrate, Nannilam The Inspector of Police All Women Police Station Nanilam Thiruvarur District

3. The Superintendent, District Prison, Thiruvarur

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

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