M.Govindaraj v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR M.Govindaraj ... Petitioner -vsState Rep by, The Inspector of Police, All Women Police Station, Ponneri.

(Crime No.11 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.11 of 2025 pending investigation on the file of the Respondent police.

For Petitioner :

Mr.R.Mukesh Kannah For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.09.2025, for the alleged offence punishable under Sections 127(2), 137(b), 351 of BNS and Section 7 r/w 8, 9(M) of POCSO Act in Crime No.11 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that this petitioner while the victim girl was playing with her brother in front of neighbour's house at that time the accused came and close the victim mouth and kidnapped the victim child and went to the iron man house terrace bathroom and use his finger to insert the victim child's private part. On that night the victim child told her mother her private was painful but the mother of the victim apply oil in that part. When the victim child stayed into her paternal Aunt Gurulakshmi's house at that time the another one Aunty Selvarani took bath to the victim child at that time, victim child told that her urinary part was so painful subsequently they were went to the KMC hospital and the doctor check-up the child and inform the matter into Ponneri AWPS. Hence this case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial 2/6

custody from 11.09.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation in this case is pending, the statement of the medical reports available to substantiate the allegations made against this petitioner. Hence, he strongly 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. Considering the submissions of the learned counsel on either side, the allegations levelled against the petitioner and the fact that the petitioner is in custody from 11.09.2025, and the period of incarceration undergone by the petitioner, this Court is 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ponneri, 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 3/6

identity;

[b] the petitioner shall stay at Trichy for a period of one month and thereafter the petitioner report before the trial Court daily at 10.30 a.m., until further orders; [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.

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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 Judicial Magistrate Court, Ponneri.

2.The Inspector of Police, All Women Police Station, Ponneri.

3.The Central Prison - II, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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