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Madras High CourtCRL OP/27094/2025granted

Lakshmikanth v. The State Rep By, The Inspector Of Police,

2025-10-08Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27094 of 2025 Lakshmikanth ... Petitioner Vs.

State Rep by The Inspector of Police, All Women Police Station, Mayiladuthurai District.

... Respondent (Cr.No.23 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in pending investigation in Cr.No.23 of 2025 on the file of the All Women Police Station, Mayiladuthurai District.

For Petitioner : Mr.U.Kathiravan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 15.08.2025 for the alleged offence under Section 8 r/w 7 of POCSO Act in Crime No.23 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has attempted to molast the victim girl by pulling her and subsequently, he criminally intimidated her. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the entire allegations levelled against the petitioner, due to the previous enmity between the parties. The petitioner is in judicial custody from 15.08.2025 He further submitted that the petitioner is ready to abide by any conditions that may be imposed by the this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case against the petitioner. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, the submissions made by both counsel, there is no previous case as against the petitioner, the petitioner is in custody from 15.08.2025, I am 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 District and Sessions Judge, Mayiladuthurai 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 Thanjavur and report before the Inspector of Police, Town Police Station, Thanjavur 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 3/6

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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.10.2025 Vv 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.

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To

1. The District and Sessions Judge, Mayiladuthurai

2. The Inspector of Police, All Women Police Station, Mayiladuthurai District.

3. The Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.27094 of 2025 08.10.2025 6/6