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Madras High CourtCRL OP/29641/2025granted

Rameshkumar v. 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. RAMESHKUMAR C/o.Venkatraman, No.3/245, Kupandampalayam, Veerapandi, Tiruppur District Petitioner(s) Vs

1. The Inspector of Police AWPS Police Station, Tiruppur South, Tiruppur District Cr.No.35 of 2025 Respondent(s) PRAYER To order enlarge the petitioner on bail in Cr.No.35/2025 on the file of the respondent police For Petitioner(s):

T.Balachandran For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.06.2025, for the alleged offence punishable under Sections 3(d), 4 of POCSO Act 2012 in Crime No.35 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that this petitioner is the neighbor of the victim girl and, taking advantage of the age of the girl, took her to his house and kissed the private part of the victim girl, who is aged about 3 1⁄2 years. Hence, he was arrested and remanded to judicial custody.

3. Learned counsel appearing for the petitioner submitted that due to influence made by the defacto complainant, who is the father of the girl, on account of previous enmity, this complaint has been lodged, and the petitioner was surrendered before the police. He was remanded for custody from 27.06.2025 and the investigation is also concluded. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reported that investigation in this case is concluded and the

final report was filed and the same was taking cognizance in Sp.S.C.No.190 of 2025 on the file of the Special Court for POCSO cases, Tiruppur. Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. I have gone through the statement of the victim girl and also the connected records. Considering the fact that the petitioner is in custody from 27.06.2025 and the investigation is also concluded, I am inclined to grant bail to the petitioner, subject to 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, each for a like sum to the satisfaction of the learned Magalir Needhi Mandram (Fast Track Mahila Court), Tiruppur 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 respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

[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.

[g] the petitioner shall not enter into the jurisdictional limit where the victim girl is residing.

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 Magalir Needhi Mandram (Fast Track Mahila Court), Tiruppur District. 2.The Inspector of Police AWPS Police Station, Tiruppur South, Tiruppur District Cr.No.35 of 2025 3.The Superintendent of Police, Central Prison, Tirupur.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 29641 of 31-10-2025