Maari v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26344 of 2025 Maari ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, All Women Police Station- Redhills, Redhills - Chennai- 600 052 (Crime No.28 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.25 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.R. Dhanasekar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.07.2025, for the offence under Sections 137(2) of BNS r/s 5(l), 5(j)(ii) & 6 of POCSO Act, 2012 in Crime No.28 of 2025, registered on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner fell in love with the minor victim girl and promised that he will marry her and had sexual relationship with her. Consequent to which the victim girl became pregnant. Based on the complaint given by the family members of the defacto complainant a case was registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that the victim girl has consexual relationship with the petitioner and she became pregnant. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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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 in this case is completed and final report yet to be filed.

5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the fact that statement recorded u/s 164 of Cr.P.C from the victim girl it reveals that she had consexual relationship with the petitioner and investigation in this case is completed, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the Sessions Court for Exclusive Trial of cases under POCSO Act, Thiruvallur 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, 3/6

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 police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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.

24.09.2025 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 4/6

website of this Court will be watermarked and will also have a QR code.

To

1. The Sessions Court for Exclusive Trial of cases under POCSO Act, Thiruvallur

2. The The Inspector of Police, All Women Police Station- Redhills, Redhills - Chennai- 600 052

3. The Superintendent, Central prison, Puzhal, Chennai

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

smn Crl.O.P. No.26344 of 2025 24.09.2025 6/6