Hari Krishna v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Hari Krishnan, S/o.Marimuthu ... Petitioner -vsThe Inspector of Police, Thadagam Police Station, Coimbatore District.
(Crime No.157 of 2025) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.157 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.T.Balaji For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.07.2025 for the alleged offences punishable under Sections 5(1) r/w 6 of POCSO Act, 2012, Section 87, 127(3) of BNS in Crime No.157 of 2025 on the file of the respondent police, seeks bail.
2. The case of prosecution is that the defacto complainant is the mother of the victim girl. On 03.07.2025 the victim girl went to the college and she was not returned to her home so initially the girl missing complaint was lodged by her mother and subsequently, it was altered to POCSO Act. Hence, the complaint was registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner was already married man and had an intimation with the victim girl, on that date he also been abducted the victim girl. He would submit that the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he strongly opposed to grant bail to the petitioner. 2/6
5. Considering the above facts and circumstances and also the fact that the victim girl now under the custody of her parents, 164 statement also recorded, she had love affair with the petitioner and also the fact that the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on interim bail on his executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the 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 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 appear before the 3/6
respondent police on every Tuesday and Sunday at 10.30 a.m. for the period of three weeks and the petitioner not to have any communication with the victim girl and cooperate the trial proceedings; (e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) the petitioner shall not abscond either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10.09.2025 rna Note :
4/6
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 learned Principal Special Court for exclusive trial of cases under POCSO Act, Coimbatore.
2.The Inspector of Police, Thadagam Police Station, Coimbatore District.
3.The Superintendent of Prison, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras 5/6
T.V.THAMILSELVI, J.
rna 10.09.2025 6/6