Boopathi Manikandan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Boopathi Manikandan 2.Vasanthakumar ... Petitioners Vs.

The State of Tamil Nadu The Inspector of Police, All Women Police Station, Valparai, Coimbatore District.

(Crime No.8 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners/Accused on bail in Crime No.8 of 2025 on the file of the respondent police. For petitioners :

Mr.M.N.Balakrishnan For Respondent :

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

O R D E R

The petitioners were arrested and remanded to judicial custody on 16.09.2025, for the offence punishable under Sections 126(2) of BNS, 2023 1/6

and Section 11(i), 11(4) r/w 12 of POCSO Act, 2012 (2 counts), in Crime No.8 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioners have demanded the victim girls to share their Instagram IDs and phone numbers with the intention of developing a relationship. The incident was brought to the notice of the parents, and subsequently a complaint was lodged by the de facto complainant, who is the mother of the victim girls.

3. The learned counsel for the petitioners submitted that due to previous enmity, the petitioners have been falsely implicated. He further submitted that the petitioners are ready to cooperate with the investigation and have been in custody since 16.09.2025. Hence, he prayed for grant of bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail, reiterating the prosecution case, and submitted that the petitioners have no previous cases.

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

6. On perusal of the statements recorded, it is revealed that the 2/6

petitioners used to stalk the victim girls while they were waiting for the bus at the bus stand. Unable to bear the continuous harassment, the victim girls reported the same to their family members, and based on the complaint, these petitioners were arrested.

7. Considering the nature of the allegations, the age of the petitioners, and taking into account period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions:

8. Accordingly, the petitioners are ordered to be released on bail on their 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, 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;

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[b] the petitioners shall stay at Erode and report before the Inspector of Police, Erode Town (Bazaar) Police Station, Erode, daily at 10.30 a.m., for a period of three weeks. It is made clear that the petitioner shall not enter the jurisdictional limit of the respondent police;

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

[e] the petitioners 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2.The Inspector of Police, All Women Police Station, Valparai, Coimbatore District.

3.The Inspector of Police, Erode Town (Bazaar) Police Station, Erode.

4.The Central Prison, Coimbatore.

5.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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