Selvaraj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27231 of 2025 Selvaraj ... Petitioner Vs.

State Rep by The Inspector of Police, Thalavai Police Station, Ariyalur District.

... Respondent (Cr.No.35 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Cr.No.35 of 2025 in Spl.S.C.No.99 of 2025 pending trial on the file of the Sessions Judge, Fast Track Mahila Court, Ariyalur. For Petitioner : Mr.K.Gandhi Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 14.06.2025 for the alleged offence under Section 9(m), 9(f) and Section 10 1/6

of the Protection of Child from Sexual Offences Act, later altered into 9(m), 9(f) and Section 10 of the Protection of Child from Sexual Offences Act, 2012 r/w 3(1)(w)(ii) of the SC/ST (Prevention of Atrocities) Act, 1989 in Spl.SC.No.99 of 2025 pending trial on the file of theSessions Judge, Fast Track Mahila Court, Ariyalur.

2. The case of the prosecution is that while the petitioner was working as a Teacher, he has misbehaved with some of the students and had committed sexual assault on some of the students. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution. The petitioner is in judicial custody from 14.06.2025 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 after completion of investigation, final report filed before the leaned Sessions Judge, Fast Track Mahila Court, Ariyalur and the same has been taken cognizance. He further submitted that the totally six victims were affected by this petitioner and the statement of the victims recorded under 2/6

Section 183 of BNS before the learned Magistrate. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and I have gone through the the statement of the victims recorded under Section 183 of BNS before the learned Magistrate.

6. Considering the facts and circumstances of the case, the submissions made by both counsel, the petitioner is in custody from 14.06.2025, now case is needy for trial, 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 Sessions Judge, Fast Track Mahila Court, Ariyalur 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;

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[b] the petitioner shall stay at Thiruvarur and report before the Inspector of Police, Town Police Station, Thiruvarur 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 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 4/6

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 Sessions Judge, Fast Track Mahila Court, Ariyalur

2. The Inspector of Police, Thalavai Police Station, Ariyalur District.

3. The Sub jail, Ariyalur 4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.27231 of 2025 08.10.2025 6/6