Krishnan v. The State Of Tamil Ndu Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25695 of 2025 Krishnan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Udumalpet All Women Police Station, Tiruppur District.
(Crime No.14 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.14 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. P. Rajkumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 12.03.2025, for the offences punishable under Sections 351(2) of BNS and 5(l), 5(m), 5(n) r/w 6 of POCSO Act, 2012 in Crime No.14 of 2025, registered on the file respondent police, seeks bail. 2.
The case of the prosecution is that on 12.03.2025, when the victim minor girl, who was aged 12 years was playing in front of her house, the petitioner, who is the neighbour of the victim's house by taking advantage of the loneliness of the victim girl, forcibly taken her and committed penetrative sexual assault continuously and threatened her of dire consequences. Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner had not committed any illegal or unlawful activity and on account of previous enmity and to spoil the reputation of the petitioner, a false case has been lodged against this petitioner and due to which the petitioner is languishing in prison for the past six months. He further submitted that the petitioner is ready to abide by any conditions that may be 2/6
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 the investigation was completed and final report has been filed in Spl.S.C.No.97 of 2025 on the file of the learned Sessions Magalir Neethi Mandram, (Fast Track Mahila Court), Tiruppur and the trial yet to be commenced.
5.
Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, taking note of the fact that the investigation was completed and final report filed and the trial is yet to be commenced, 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 his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Sessions Magalir Neethi Mandram, (Fast Track Mahila 3/6
Court), Tiruppur 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 stay at Coimbatore and report before the Inspector of Police, Town Police Station, Coimbatore daily at 10.30 a.m., until further orders, except on the hearing dates fixed by the Trial Court concerned. 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 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. 18.09.2025 stn 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, Court of Sessions Magalir Neethi Mandram, (Fast Track Mahila Court), Tiruppur.
2. The Inspector of Police, Udumalpet All Women Police Station, Tiruppur District.
(Crime No.14 of 2025)
3. The Superintendent, Central Prison, Coimbatore.
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K. RAJASEKAR, J.
stn
4. The Public Prosecutor, High Court of Madras.
5. The Inspector of Police, Town Police Station, Coimbatore.
Crl.O.P. No.25695 of 2025 18.09.2025 6/6