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Madras High CourtCRL OP/28608/2025granted

Zameer Ahmed v. The State Represented By , The Inspector Of Police

2025-10-31Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Zameer Ahmed S/o.Shamiulla Pakkripalli Road , Sembedu Post Gudiyatham Taluk Tirupathur District Petitioner(s) Vs

1. The state represented by , The inspector of police Vaniyambadi All women police station Tirupattur District Crime no.34 of 2024 Respondent(s) PRAYER To enlarge the petitioner on bail, In Spl.S.C.No.41 of 2025 pending on the file of the District and Sessions Court at Tirupattur District. For Petitioner(s):

C.S.Sugumar For Respondent(s):

Mr.A.Gopinath Government Advocate(Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.12.2025, for the alleged offence punishable under Sections 332(b) BNS and section 9(m) r/w. 10. 5(m) r/w. 6 of POCSO Act in Crime No.34 of 2025, on the file of the respondent police, seeks bail.

2. This Court earlier has dismissed the bail application filed by the petitioner in Crl.O.P.No.24293 of 2025 dated 04.09.2025 with the following reasons:

"4.Considering the said objections, the petitioner can revive the bail application after completion of examination of the victim and the defacto complainant.

5.Taking note of the said observations, this Court is not inclined to grant bail to this petiitoner. Hence, this Criminal Original Petition stands dismissed."

3. Now the second petition has been filed by the petitioner on the ground that there is a change in circumstances, accordingly this Court call for records from the trial Court and the report of the trial Court reveals as follows: "I further submit that, the complainant/LW1 Tmt.Reshma w/o.Iyan examined as PW1 and marked exhibit P1 complaint marked on 17.09.2025 and the victim/xxxx, aged 11, d/o.Iyan examined as PW2 on 24.09.2025 and this case was posted on 08.10.2025 and 22.10.2025 for examination of further witnesses. Witnesses were not produced on the said hearing dates. On 22.10.2025 this Court issued fresh summons to L.W.3 to L.W.8 and case posted

on 17.11.2025 for examination of LW3 to LW8."

4. Considering the fact that the victim as well as PW1 have already been examined before the trial Court, I am inclined to grant bail to the petitioner, subject to certain conditions.

5. 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, each for a like sum to the satisfaction of the learned District and Sessions Court, Tirupattur District, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of three weeks and thereafter for all hearing dates.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

31-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa

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 District and Sessions Court, Tirupattur District. 2.The state represented by , The inspector of police Vaniyambadi All women police station Tirupattur District Crime no.34 of 2024 3.The Superintendent of Police, Central Prison, Vellore District.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 28608 of 31-10-2025