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Madras High CourtCRL OP/25073/2025granted

Vijay v. State Rep. By

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Vijay S/o.Ganesan, D.No.166, V.C.Colony, Finger Post, Ooty - 643 006, Nilgiris District.

Petitioner(s) Vs

1. State rep. by The Inspector of Police, AWPS, Ooty Police Station, Nilgiris District.

Respondent(s) PRAYER To enlarged the petitioner on bail in SPL.SC.No.57 of 2025 in crime No.12/2025 on the filed in Session Judge Magalir Neethimandram, Nilgiris District at Ooty, and thus render justice.

For Petitioner(s):

S.Prabu For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.07.2025 for the alleged offence under Sections 5(1), 5(n), 6 of Protection of Child from Sexual Offences Act, 2012, in SPL SC No.57 of 2025, in Crime No.12 of 2025, on the file of Sessions Judge Magalir Neethimandram, Nilagiris District, Ooty, seeks bail.

2. The learned counsel for the petitioner submitted that the petitioner, who is a relative of the victim girl, has been falsely implicated in this case alleging that he had committed sexual abuse. It is stated that the complaint was given by the parents of the victim girl. He further submits that the petitioner has been suffering incarceration from 16.07.2025. Hence, he seeks for grant of bail to the petitioner.

3.The learned Government Advocate (Crl. Side) submitted that the petitioner is a 29-year-old married man with two children and a relative of the victim girl's family. The victim girl is aged 13 years. He further submitted that

the petitioner had sexually abused the victim girl and that her statement under Section 164 Cr.P.C. was duly recorded. He also submitted that the investigation is almost complete. He vehemently opposed to grant bail to the petitioner.

4. Taking into consideration the facts and submissions made by both counsels, the investigation is almost completed and 164 statement was recorded, and also considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Sessions Judge, Mahila Neethimandram Fast Tract Mahila Court, Udhagamandalam, 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 report before the respondent police on every Saturday at 10.30 a.m. for the period of three months.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

(g) the petitioner shall not to have any communicate with the victim girl.

12-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.State rep. by The Inspector of Police, AWPS, Ooty Police Station, Nilgiris District.

2.The Sessions Judge, Mahila Neethimandram Fast Tract Mahila Court, Udhagamandalam.

3. The Superintendent of Jail, Subordinate Jail, Ooty.

4.The Public Prosecutor, High Court of Madras.

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.

T.V.THAMILSELVI J.

rri CRL OP No. 25073 of 12-09-2025