Ganesan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Ganesan Petitioner/Sole Accused Vs The State Rep by, The Inspector of Police, North All Women Police Station Tiruppur Crime No. 623 of 2025 Respondent PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail pending trial in Spl.S.C.No. 185 of 2025 on the file of the Sessions Judge, Mahalir Neethimandra, [Fast Track Mahila Court], Tiruppur.

For Petitioner:

Mr.P.Thinesh For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.06.2025, for the offences punishable under Section 5(1), r/w section 6 of POCSO Act, pending trial in Spl.S.C.No. 185 of 2025 on the file of the Sessions Judge, Mahalir Neethimandra, [Fast Track Mahila Court], Tiruppur, in Crime No. 623 of 2025 registered on the file respondent police, seeks bail. 2.The allegation against the petitioner is that the petitioner taking advantage of loneliness of victim girl under the pretext of marrying her and kidnapped her to his native place and committed penetrative sexual assault with the victim girl who is aged about 14 years. The respondent police rescued her based on the complaint lodged by her mother. Then, the petitioner was arrested on 04.06.2025 by the police.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner was arrested and remanded to judicial custody from 04.06.2025. He further submitted that the petitioner is ready to abide by any conditions that may be

imposed by this Court and sought for bail to the petitioner. 4.The learned Government Advocate (Crl.side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that investigation is completed and final report has also been filed.

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

6. Considering the period of incarceration of the petitioner; that the victim girl also rescued; that investigation is completed; 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Sessions Judge, Mahalir Neethimandram, (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 Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity

proofs to ensure their identity;

[b] the petitioner shall appear before the learned Sessions Judge, Mahalir Neethimandram, (Fast Track Mahila Court) Tiruppur at 10.30 am for a period of four weeks. [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.

18-11-2025 MSM 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 Sessions Judge, Mahalir Neethimandram, (Fast Track Mahila Court) Tiruppur, 2.The State Rep by, The Inspector of Police, North All Women Police Station Tiruppur Crime No. 623 of 2025 3.The Public Prosecutor, High Court, Madras.

4. The Central Prison, Coimbatore.

K.RAJASEKAR J.

MSM CRL OP No. 31484 of 18.11.2025