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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR M.Dineshwaran ... Petitioner Vs.

The State represented by, The Inspector of Police, All Women Police Station, Ashok Nagar,Chennai.

Crime No.04 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.04 of 2025 on the file of respondent Police. For Petitioner :

M/s.R.Vinayaga Visnu For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 11 of the POCSO Act in Crime No.04 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/7

2.The case of the prosecution is that, the petitioner is the brother of defacto-complainant and they are all residing on the same property. Due to property dispute, the petitioner is causing annoyance to the defacto-complainant's daughter with a bad gesture . Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner undertakes that he will not come near the victim girl or he will not cause any annoyance to her in any manner. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that petitioner is the brother of defacto-complainant. Due to property dispute, the petitioner is causing annoyance to defacto-complainant's daughter with a bad gesture. Hence, opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials 2/7

available on record.

6.Considering the facts and circumstances of the case, the undertaking given by the petitioner that he will not cause any annoyance to the defactocomplainant's daughter in any manner and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Court for Exclusive Trial of Cases under POCSO, Chennai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall 3/7

stand automatically cancelled;

[b] 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; [c] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks; thereafter as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial and he 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 and shall not tamper with evidence or witness either during investigation or trial;

[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 4/7

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.

28.07.2025 ep To 1.The Special Court for Exclusive Trial of Cases under POCSO, Chennai, 2.The Inspector of Police, All Women Police Station, Ashok Nagar,Chennai.

3. The Public Prosecutor, High Court of Madras.

5/7

M.NIRMAL KUMAR, J.

ep 6/7

28.07.2025 7/7