Palpandi v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Palpandi ... Petitioner/Accused Vs.

State rep by The Inspector of Police, Sulur Police Station, Coimbatore District.

(Cr.No.581 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Cr.No.581 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.Magesh Kumar For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.06.2025, for the offences punishable under Section under Section Girl Missing @ Section 87, 127(3) of BNS, 2023 and Section 5(1) r/w 6 of Protection of Child 1/6

from Sexual Offences Act in Crime No.581 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner/accused had abducted and committed aggravated sexual assault on the victim girl.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person. The petitioner/accused and the victim girl loved each other. The petitioner is in judicial custody from 23.06.2025. 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 reiterated the prosecution case and submitted that the statement of the victim girl under Section 183 of BNSS was recorded and the medical examination of the victim girl and accused was completed. Hence, he opposed for granting bail to the petitioner.

5. Heard both sides and perused the materials available on record including the statement of the victim girl under Section 183 of BNSS .

6. A perusal of the statement of the victim girl under Section 183 of BNSS reveals that the petitioner has not committed aggravated sexual assault on the victim girl 2/6

7. Considering the submissions made 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.

8. 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 Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore, 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. until further orders;

[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 3/6

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. 25.07.2025 Vv 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 4/6

1.The Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore 2.The Inspector of Police, Sulur Police Station, Coimbatore District.

3.The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

5/6

M.NIRMAL KUMAR, J.

Vv Crl.O.P.No.20821 of 2025 25.07.2025 6/6