Vijayakumar v. State Rep By Its, Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26194 of 2025 Vijayakumar ... Petitioner Vs The State rep. by, Station House Officer, T.R. Pattinam Police Station, Karaikal (Crime No.140 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.140 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr.G. Ezhil Balaji For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.07.2025, for the offence under Sections 6 of POCSO Act, 2012 and Section 9 of PCM Act in Crime No.140 of 2025, registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner seduced the minor victim girl and committed penetrative sexual assault over her. Hence a case was registered by the respondent police.
3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. However, the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that major part of the investigation in this case is completed.
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5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and investigation in this case has been completed and the petitioner is aged about 18 years and the victim girl is aged about 17 years, this Court is inclined to grant bail to the petitioner herein with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail on their 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 Principal District and Sessions Court Karaikal 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 respondent daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. It is made clear that the petitioner shall not enter into the jurisdictional limit of the respondent police other than the hearing dates before the Trial Court, until further orders; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to 3/6
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];
[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
23.09.2025 smn 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 Station House Officer, 4/6
T.R. Pattinam Police Station, Karaikal
2. The Principal District and Sessions Court Karaikal
3. The Superintendent, Karaikal Prison, Karaikal
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
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Crl.O.P. No.26194 of 2025 23.09.2025 6/6