Santhakumar @ Sarathkumar v. State Rep By , The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Santhakumar @ Sarathkumar ... Petitioner -vsState represented by The Inspector of Police, Puzhal All Women Police Station, Chennai.

(Crime No.12 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.12 of 2025 on the file of respondent police. For Petitioner :

Mr.R.Chandran For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/5

ORDER

The petitioners, who were arrested and remanded to judicial custody on 25.06.2025, for the alleged offence punishable under Sections 329, 296(b), 351(2) of BNS 11(1) r/w 12 of POCSO Act in Crime No.12 of 2025, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is frequently disturbing a minor child (defacto complainant's daughter) they following her and threatened her with dire consequences. Considering the frequent disturbance of the defacto complainant's daughter by this petitioner the father has given the complaint to the respondent police. Hence, the complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the petitioner was threatened the defacto complainant's daughter with dire consequences.

4. Considering the said facts and circumstances and the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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5. Accordingly, the petitioner is ordered to be released on bail on him 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 Sessions Judge Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur 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 Madhavaram police daily twice at 10.00 a.m and 5.00 p.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 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. 04.09.2025 rna 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 Sessions Judge Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvallur. 2.The Inspector of Police, Puzhal All Women Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal II.

4.The Public Prosecutor, High Court of Madras.

5.The Inspector of Police, Madhavaram Police Station.

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Dr.G.JAYACHANDRAN, J.

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