Mouli Gowtham v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27866 of 2025 Mouli Gowtham ... Petitioner Vs The State rep.by The Inspector of Police, All Women Police Station, Periyanaickempalayam Coimbatore District.
(Crime No.28 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.28 of 2025 on the file of the respondent police, pending investigation.
For Petitioner :
Mr.R.Arjun Visvanathan 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 20.08.2025, for the offences punishable under Section 332 of BNS, 2023 r/w 5(1), 5(J)(ii) and 6 of POCSO Act, 2012, in Crime No.28 of 2025, registered on the file respondent police, seeks bail. 2.The case of the prosecution as per the First Information Report is 1/5
that, the de-facto complainant is the mother of victim girl. She resided in the complaint mentioned address. The accused had committed aggravated penetrative sexual assault on the victim girl and made the child pregnant after trespassing victim girl's house. On the basis of the written complaint given by the mother of victim girl, the respondent police registered First Information Report in Crime No.28 of 2025.Accordingly, a case was registered against them.
3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He also 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.
4. The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case. He further submitted that the investigation is almost completed.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and age of the petitioner and the period of incarceration undergone by the petitioner, 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 2/5
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, Principal Special Court for exclusive Trail 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 shall stay at Tiruppur and report before the Judicial Magistrate-I, Tiruppur on all working days at 10:30 a.m., for a period of two months and thereafter, as and when required for interrogation before the respondent;
[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. 3/5
13.10.2025 nvi 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, Principal Special Court for exclusive Trail of Cases under POCSO Act, Coimbatore
2. The Inspector of Police, All Women Police Station, Periyanaickempalayam Coimbatore District.
3. The Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR,J., nvi 4/5
Crl.O.P. No.27866 of 2025 13.10.2025 5/5