Saravanan 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.27389 of 2025 Saravanan ... Petitioner Vs.

The State Rep by The Inspector of Police, All Women Police Station, P.N.Palayam, Coimbatore District ... Respondent (Cr.No.26 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.26 of 2025 pending investigation on the file of the respondent. For Petitioner : Mr.S.N.Arun 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 25.07.2025 for the alleged offence under Section 5(1), 5(j)(ii) r/w 6 of POCSO Act, 2012 and Section 87, 127(4) of BNS 2023 in Cr.No.26 of 2025 1/6

on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner abducted and had committed aggravated penetrative sexual assault on the victim girl who is aged about 15 years and made child pregnant and after wrongfully confined her. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody from 25.08.2025. He further submitted that the petitioner is studying 3rd year at Ramakrishna Engineering College. 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. He further submitted that the the statement of the victim girl recorded under 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 2/6

25.07.2025 and the petitioner being a College student and the statement of the victims reveals various facts including the long standing relationship between the petitioner and victim girl, 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore 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 being a College Student shall report before the respondent police at 06.00 p.m for a period of three weeks and thereafter as and when required for an 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 3/6

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.

To

1. The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2. The Superintendent, Central Prison, Coimbatore.

3. The Inspector of Police, All Women Police Station, 4/6

P.N.Palayam, Coimbatore District 4.The Public Prosecutor, High Court of Madras 5/6

K.RAJASEKAR , J.

Vv Crl.O.P.No.27389 of 2025 08.10.2025 6/6