M.Karuna v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26059 of 2025 M. Karuna ... Petitioner Vs The State rep. by, The Inspector of Police All Women Police Station, Tiruttani, Tiruvallur District (Crime No.13 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.31 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr.C. Venkatesan For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 20.06.2025 for the offence under Sections 87 of BNS Act and Section 5(1), r/w 6(1) of POSCO Act in Crime No.31 of 2025, registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner herein had induced the victim girl, and committed rape on the minor girl. Subsequent to which she became pregnant and delivered a male child on 11.06.2025. It is stated as per the instructions of this petitioner, the victim girl abandoned the child and left the hospital. Hence a case was registered by the respondent police.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. However, the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 2/6
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 investigation completed, final report also filed and the same is yet to be numbered. 5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the investigation completed, final report also filed and the same is yet to be numbered, 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 Sessions Judge, ( Special Court POCSO Under POCSO Act) at Tiruvallur, Tiruvallur District 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.
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.
23.09.2025 smn Note:
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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 Inspector of Police All Women Police Station, Tiruttani, Tiruvallur District
2. The Sessions Judge, ( Special Court POCSO Under POCSO Act) at Tiruvallur, Tiruvallur District
3. The Superintendent, Central Prison, Puzhal
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
smn 5/6
Crl.O.P. No.26059 of 2025 23.09.2025 6/6