Palanisamy v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Palanisamy ... Petitioner Vs.

The State represented by The Inspector of Police, All Women Police Station, Dharapuram, Tiruppur District.

(Crime No.26 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.26 of 2025 on the file of the respondent police. For Petitioner :

Mr.N.Arun Kumar 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 27.09.2025, for the offence punishable under Sections 7, 8, 9(f), 10, 11(3) r/w 12 of POCSO Act, 2012, in Crime No.26 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the petitioner, who was working as a Teacher in the boys' hostel, had taken advantage of the loneliness of the students and committed sexual assault on them. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the allegations are baseless and false. He contended that the petitioner, being strict in managing the hostel, some students, out of grudge, have joined together and lodged a false complaint against him. He further submitted that the petitioner has been in custody since 27.09.2025. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner, reiterating the prosecution case. He submitted that totally 4 victims have lodged complaints against the petitioner and that their statements disclose that the petitioner had committed sexual assault on them.

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5. I have carefully perused the materials available on record, including the statements of the victims, it is seen that the allegations are of serious nature involving sexual assault on minor boys residing in the hostel where the petitioner was employed as a Teacher. However, the investigation appears to have been completed and the final report has been filed before the concerned Court.

6. Considering the nature of the allegations, the stage of the proceedings, and taking into account the period of incarceration already 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 executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Magalir Neethi Mandram (Fast Track Mahila 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 3/6

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 concerned Court daily at 10.30 a.m., for a period of four weeks. It is made clear that the petitioner shall not enter the area where the victims reside;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.11.2025 cda 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 Neethi Mandram (Fast Track Mahila Court), Tiruppur.

2.The Inspector of Police, All Women Police Station, Dharapuram, Tiruppur District.

3.The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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