Ajith v. The State Represent By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Ajith ... Petitioner/Accused Vs.

The State Rep. by:

The Station House Officer, Kirumampakkam Police Station, Puducherry.

(Crime No.81 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner/accused on bail in Crime No.81 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.S.C.Vishwanth For Respondent :

Mr.K.S.Mohan Dass Public Prosecutor (Pondy) Assisted by M/s.N.Danalatchoumy **********

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.06.2025, for the offence punishable under Section 137(2) of BNS and Section 12 of POCSO Act, in Crime No.81 of 2025, registered on the file of 1/5

the respondent, seeks bail.

2. The case of the prosecution is that the petitioner, who had and affair with a minor girl, eloped with her on 16.06.2025. On coming to know that her daughter had eloped, the mother lodged a complaint, which was registered as Crime No.81 of 2025. According to the prosecution, after learning that a case had been registered against him, the petitioner himself produced the child before the police station and surrendered. Hence, the present complaint.

3. The learned counsel appearing for the petitioner states that it is a case of adolescent love by consent, and that the minor child had left the house on her own.

4. The learned Public Prosecutor (Pondy) states that the statement of victim girl has not yet been recorded and she has not been subjected to medical examination, since she has not been co-operating. Hence, he opposed for grant of bail to the petitioner.

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

6. Considering the said fact, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. 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 learned Judicial Magistrate No.VII, Puducherry, 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 daily at 10.30 a.m., until further orders;

[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 3/5

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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.08.2025 nvi 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 1.The Judicial Magistrate No.VII, Puducherry. 2.The Station House Officer, Kirumampakkam Police Station, Puducherry.

3.The Superintendent, Central Prison, Kalapet, Puducherry. 4.The Public Prosecutor, Puducherry.

Dr.G.JAYACHANDRAN,J., 4/5

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