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Madras High CourtCRL OP/24917/2025granted

Surya v. The State Of Tamil Nadu Rep By The Inspector Of Police

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. SURYA S/o. Pachaiyappan, No.7/5, Chinnagoundanur Village, reddiyur Post, Tirupattur Taluk and District.

Petitioner(s) Vs

1. The State of Tamil Nadu rep by The Inspector of Police Mahendramangalam Police Station, Dharmapuri District. Crime No.62 of 2025.

Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No.62 of 2025 pending investigation on the file of the respondent.

For Petitioner(s):

M.Selvam For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.06.2025 for the alleged offence under Sections 5(1) 6(1) of Protection of Child from Sexual Offences Act, and Sections 137(2), 87 of BNS, in Crime No.62 of 2025, on the file of respondent police, seeks bail.

2. The case of the prosecution is that the petitioner kidnapped the victim to Tiruppur Palladam and stayed in his relatives house and sexual assaulted the victim girl. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The further submitted that the victim and the petitioner are loved each other and she voluntarily went away from the home to marry the petitioner and he never indulged in any such activities as alleged. He further submits that the petitioner has been suffering incarceration from 14.06.2025. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that 164 statement was recorded and the investigation is almost completed.

5. Taking into consideration the facts and submissions made by both counsels, and 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.

6. 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 Special Court for exclusive Trial of cases under POCSO Act, Dharmapuri 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.The State of Tamil Nadu rep by The Inspector of Police Mahendramangalam Police Station, Dharmapuri District.

Crime No.62 of 2025.

2.The Special Court for exclusive Trial of cases under POCSO Act, Dharmapuri.

3. The Superintendent of Prison, District Prison, Dharmapuri.

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. 24917 of 12-09-2025