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Madras High CourtCRL OP/27912/2025granted

Mariyadoss @ Manidoss v. The State Rep By, The Inspector Of Police,

2025-10-13Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27912 of 2025 Mariyadoss @ Manidoss ... Petitioner/A2 Vs The State rep.by The Inspector of Police, All Women Police Station, KVR Nagar, Tiruppur City.

(Crime No.43 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, pending investigation of the case in the Crime No.43 of 2025 on the file of the Respondent.

For Petitioner :

Mr.M.Vijaya Ragavan 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 27.06.2025, for the offences punishable under Sections 5(1), 5(n), 5(j)(ii) r/w 6 of the Protection of Children From Sexual Offences Act, 2012 and Sec.9 of Prohibition of Child Marriage Act, 2006, in Crime No.43 of 2025, registered on the file respondent police, seeks bail. 1/6

2.The case of the prosecution as per the First Information Report is that the de-facto complainant who is the victim girl aged about 15 years lodged a complaint stating that, she is living with her mother and step mother namely Manikandan, who is the 1st accused person committed penetrative sexual against the victim girl on various occasions. In continuation of the same, the petitioner who is the friend of the 1st accused temporarily stayed in their house and lured the victim girl and under the pretext of marrying her, committed penetrative sexual assault her on several occasions and thereby she got pregnant. Hence, the case was registered against him.

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.

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

6. Considering the facts and circumstances of the case and 2/6

considering the statement of victim girl which reveals various facts including the way in which she was forced to have sexual relationship with accused herein and considering the period of incarceration undergone by the petitioner, I am of the view that further incarceration is not necessary and 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 Sessions Judge, Magalir Neethi Mandram, (Fast Track Court), Tiruppur, 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 salem and report before the Alagapuram Police Station on everyday at 10:30 a.m., for a period of two months and thereafter, as and when required for interrogation before the respondent herein.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass 3/6

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. 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,Magalir Neethi Mandram, (Fast Track Court), Tiruppur.

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2. The Inspector of Police, All Women Police Station, KVR Nagar,Tiruppur City.

3. The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR,J., nvi 5/6

Crl.O.P. No.27912 of 2025 13.10.2025 6/6