Murali v. The State Rep. By Its Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25913 of 2025 Murali ... Petitioner Vs The State rep. by, Station House Officer, Marakkanam Police Station (Crime No.199 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.199 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 13.07.2025, for the offence under Sections 329(4), 126(2), 351(2) of BNS U/S 9(m) r/w 10 of POCSO Act, 2012 in Crime No.199 of 2025, registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had sexually assaulted the victim girl who is aged about 5 years. 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. He further submitted that due to previous enmity a false case has been foisted against the petitioner. 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 2/6
prosecution case and submitted that there is no previous case pending against the petitioner. He also submitted that based on the complaint registered by the parents of the victim girl the present case has been registered against the petitioner and investigation in this case is completed and final report also filed.
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 final report also filed, 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 Session Judge, Special Court for exclusive trial of cases under POCSO Act at Villupuram 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 Sessions Judge, Special Court for exclusive trial of cases under 3/6
POCSO Act at Villupuram daily at 10.30 a.m., for a period of three 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 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.
22.09.2025 smn To.
1. The Station House Officer, 4/6
Marakkanam Police Station
2. The Sessions Judge Special Court for exclusive trial of cases under POCSO Act at Villupuram
3. The Superintendent, Sub Jail, Villupuram
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
smn 5/6
Crl.O.P. No.25913 of 2025 22.09.2025 6/6