K.Palanisamy v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. K.Palanisamy s/o.Karuppaiya, Door No. 9, VOC Street, B.R.Puram, Peelamedu, Coimbatore - 641004.
Petitioner(s) Vs
1. The State Rep by, The Inspector of Police, All Women Police Station, Central, Coimbatore City. Crime No. 29/2025 Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No. 29/2025 on the file of the Respondent Police.
For Petitioner(s):
B. Nedunzhelian
For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 18.07.2025 for the alleged offence under Sections 5(1), 5(m) r/w 6 of Protection of Child from Sexual Offences Act, 2012, Section 65(2), 127(3) of BNS, in Crime No.29 of 2025, on the file of respondent police, seeks bail.
2. The case of the prosecution is that the accused abducted and committed aggravated penetrative sexual assault on the victim girl and wrongfully confined her. Hence the case.
3.The learned counsel for the petitioner submitted that the petitioner, aged about 52 years, who is a neighbour of the victim girl, has been falsely implicated in this case as if he had committed sexual assault on the victim girl. He further submitted that the petitioner has been suffering incarceration from 18.07.2025. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) submitted that the victim girl is aged about 12 years, whereas the petitioner is aged about 52 years, a married man having two children. He further submitted that the medical examination has been completed and the statement of the victim girl under Section 164 Cr.P.C. has also been recorded. The victim girl is presently residing with her parents. The investigation is almost complete. Hence, he vehemently opposed the grant of bail to the petitioner.
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 directed to deposit a sum of Rs.30,000/- (Rupees Thirty thousand only) to the credit of Crime No.29 of 2025, and on such deposit, 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 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 report before the respondent police on every Tuesday and Saturday at 10.30 a.m. Until further orders.
(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.
(h) the victim girl is permitted to withdraw the amount deposited by the petitioner in Crime No.29 of 2025, towards the mental agony caused to her.
12-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.The State Rep by, The Inspector of Police All Women Police Station, Central, Coimbatore City. Crime No. 29/2025
2. The Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore.
3. The Superintendent of Prison, Central Prison, Coimbatore.
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. 25082 of 12-09-2025