← Library
Madras High CourtCRL OP/30526/2025granted

Immanuvel @ Nalin v. The State Rep By Station House Officer

2025-11-10Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Immanuvel @ Nalin Petitioner(s) Vs The State rep by Station House Officer Oreanpet Police Station, Pondicherry.

Crime No.188/2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.188 of 2025 on the file of the respondent police. For Petitioner(s):

M/s.M.L.Satish Kumar For Respondent(s):

Mr.K.S.Mohandass, Public Prosecutor For Puducherry

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.08.2025, for the offence punishable under Section 6 of POCSO Act, in Crime No.188 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the victim and the petitioner were friends, and on 22.07.2025, the petitioner called the victim to his office, where he allegedly committed aggravated penetrative sexual assault on her. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the investigation has been completed and charge sheeted on 22.09.2025 and the same was taken before the learned Sessions Judge, Fast Track Court for POCSO Act, Puducherry vide Spl.S.C.No.71 of 2025. The case is posted on 13.11.2025 for framing of charge. Since this Court has earlier dismissed the bail application filed by the petitioner during the stage of investigation and now the final report has also been filed and

also considering the statement of victim girl recorded under Section 183 of BNSS, I am inclined to grant bail 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 each, for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Courts exclusively to deal with the offences under POCSO Act, 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 report before the learned concerned Court daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for 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 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.

10-11-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 State rep by Station House Officer Oreanpet Police Station, Pondicherry.

Crime No.188/2025.

2.The Sessions Judge, Fast Track Courts exclusively to deal with the offences under POCSO Act.

3.The Central Prison Kalapet, Puducherry.

4.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 30526 of 10-11-2025