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Madras High CourtCRL OP/21497/2025granted

Murthy v. The State Represented By, The Inspector Of Police,

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Murthy S/o.Ramakrishnan, 3/618, Srinivasa Nagar, Pakkam Post, Thiruvallur, Chennai - 602 024.

Petitioner(s) Vs

1. The State Represented by, The Inspector of Police, All Women Police Station, Pattabiram, Tiruvallur District. (Crime No. 6/2025) Offences U/s 5(m),5(n),5(1)r/w6(1) of POCSO Act, 2012.

Respondent(s) PRAYER To enlarge the petitioner on bail pending investigation in Cr.No.6/2025 on the file of the respondent police.

For Petitioner(s):

G.Ilamurugu N.Gowri K.Selva Priya L.S.Janarthananraj For Respondent(s):

Mr. A. Gopinath, Government Advocate (Crl. Side)

ORDER

This petition has been filed to enlarge the petitioner on bail pending investigation in Cr.No.6/2025 on the file of the respondent police.

2. The case of the prosecution is that the petitioner had inserted his finger into the private part of the victim girl and threatened her. Hence, the case has been registered under section 5(m), 5(n) and 5(j)(ii) r/w Section 6 of the POCSO Act, 2012 in crime No. 6 of 2025.

3. The learned counsel for the petitioner submits that the petitioner is aged about 62 years, who was falsely implicated in this case as if he sexually harassed the victim girl. Further, he submits that due to property dispute daughter-in-law gave a false complaint and FIR registered against the petitioner and he was remanded to judicial custody from 01.05.2025. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate Criminal side submits that statement of the victim girl has been recorded, wherein she stated the petitioner had inserted his finger in her private part. Further, he stated that the investigation has been completed and final report also filed. However, he prays to dismiss this petition.

5. Considering the facts of the case and also petitioner is inside the jail for the past 346 days. Further, the investigation has been completed and final report also filed in this case and the family of the victim shifted to some other. Hence, 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 executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Tiruvallur, and on further conditions that:: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of three months.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes pbl

To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Tiruvallur.

2.The Inspector of Police, All Women Police Station, Pattabiram, Tiruvallur District.

3. The Superintendent of Prison, Central Prison, Puzhal. 4.The Public Prosecutor, High Court, Madras 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.

T.V.THAMILSELVI J.

CRL OP No. 21497 of 11-09-2025