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Madras High CourtCRL OP/27009/2025granted

Vinu @ Vinulokeshwar v. State Rep By The Inspector Of Police

2025-10-07Honourable Mr.Justice K.Rajasekar11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Vinu @ Vinulokeshwar Petitioner(s) Vs State rep by the Inspector of Police All Women Police Station, Pennagaram, Dharmapuri District Cr.No.19 of 2025 Respondent(s) PRAYER To enlarge the petitioner on bail in Cr.No.19 of 2025 on the file of the respondent police pending Investigation.

For Petitioner(s):

Mr.John Sathyan, Senior Advocate for Mr.SWAMISUBRAMANIAN For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel appearing for the petitioner would submit that this Court, by an order dated 07.10.2025 in Crl.O.P.No.27009 of 2025, has ordered the petitioner to be released on bail subject to condition mentioned in Para no.7(b) that "the petitioner shall stay at Coimbatore and report before the Coimbatore Town Police daily at 10.30 a.m., for a period of two months and thereafter, appear before respondent as and when required for interrogation". He would further submit that in the said paragraph No.7(b), it has been wrongly typed as "Coimbatore Town Police" and the same requires to be rectified as "C2-Race Course Police Station, Coimbatore". Thus he prayed for suitable modification.

3. Considering the submissions made by the learned counsel for the petitioner, the Registry is directed to carryout the necessary corrections in the order dated 07.10.2025 in Crl.O.P.No.27009 of 2025 in para No.7(b) as "C2Race Course Police Station, Coimbatore" instead of "Coimbatore Town Police" and issue order copy afresh.

14-10-2025 gbi 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.State rep by the Inspector of Police All Women Police Station, Pennagaram, Dharmapuri District Cr.No.19 of 2025 2.The Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR J.

gbi CRL OP No. 27009 of 14.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27009 of 2025 Vinu @ Vinulokeshwar ... Petitioner/Accused Vs.

The State represented by The Inspector of Police, All Women Police Station Pennagaram Dharmapuri District.

(Crime No.19 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.19 of 2025 on the file of the respondent Police, pending investigation. For Petitioner : Mr.John Sathyan Senior Counsel for Mr.Swamisubramanian For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.08.2025 for the alleged offences punishable under Sections 7, 8, 9(f), 10,

11(4) and 12 of POCSO Act and Section 118 of BNS, in Crime No.19 of 2025 on the file of the respondent police, seeks bail.

2. The allegation is that the petitioner, who is a teacher, taking advantage of his position kissed the victim girl, while she was alone and also touched her private parts. Based on the complaint lodged by the family members of the victim girl, a case in Crime No.19 of 2025 has been registered against the petitioner. Hence, the case.

3. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is a respectable teacher and due to rival management dispute, a false complaint has been lodged against him and with an ulterior motive, the complaint has been lodged by the victim girl. He further submitted that the petitioner is in custody from 23.08.2025 and there is no allegation of penetrative sexual assault on the victim girl. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reported that the petitioner was arrested on 23.08.2025, the major part of the investigation is completed and statement under Section 164

Cr.P.C of the victim girl is also recorded. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. I have also gone through the statement of the victim girl and also the contents of the First Information Report. Further the petitioner is in custody from 23.08.2025 and the major part of the investigation is also completed, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties, for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri 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 the0 identity proofs to ensure their identity; [b] the petitioner shall stay at Coimbatore and

report before the Coimbatore Town Police daily at 10.30 a.m., for a period of two months and thereafter, appear before respondent 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

07.10.2025 dna 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 Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.

2.The Inspector of Police, All Women Police Station Pennagaram Dharmapuri District.

(Crime No.19 of 2025) 3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

dna Crl.O.P.No.27009 of 2025 07.10.2025