Karunagaran v. State Represented By ,The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22787 of 2025 Karunagaran ... Petitioner Vs.
The State represented by its The Inspector of Police, AWPS, Thiruvottiyur Thiruvallur District.
(Crime No.15 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.15 of 2025 on the file of the respondent Police. For Petitioner :
Mr.R.Rajaprakash For Respondent :
Mr.L.Baskaran Government Advocate (Criminal Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 31.05.2025, for the alleged offence under Sections 5 (l) r/w 6, 12 of Protection of Child from Sexual Offences Act, 2012, in Crime No.15 of 2025, registered on the file of the respondent, seeks bail.
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2.The case of the prosecution is that the petitioner has committed sexual assault on the ten years old victim girl. Hence, the case. 3.The learned counsel for the petitioner states that the petitioner is an innocent person and has been falsely implicated in this case. Hence, prayed for grant of bail to the petitioner.
4.The learned Government Advocate (Criminal side) appearing for the respondent Police submits that the petitioner is an eighty years old man arrested on 31.05.2025 on the complaint given by the mother of ten years old victim girl. The final report filed for offence under Section 5 (l) r/w 6, 12 of Protection of Child from Sexual Offences Act, 2012. The medical examination and statement of the victim girl has already been recorded.
5.Considering the above facts, the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 2/7
6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Special Court for Exclusive Trial of Case under POCSO Act, Thiruvallur, 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 concerned Magistrate on all hearing dates without fail and stay at Tiruvallur Town until further orders; the petitioner shall not visit the place of occurrence or the place where the victim resides;
[c] 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];
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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.08.2025 ep 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. 4/7
To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur.
2.The Inspector of Police, AWPS, Thiruvottiyur Thiruvallur District.
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN , J.
ep Crl.O.P.No.22787 of 2025 6/7
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