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Madras High CourtCRL OP/34794/2025granted

Maya Krishnan v. The State Rep By The Inspector Of Police

2026-01-09Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Maya Krishnan S/o. Chinnasamy, D/No.57/3, North Street, Adhamangalam, Sathanathaam Post, Tittakudi Taluk, Cuddalore District-606111.

Petitioner(s) Vs

1. The State rep by The Inspector of Police Rathinapura Police Station, Coimbatore District. Crime No.1191 of 2019.

Respondent(s) PRAYER To enlarge the petitioner on bail pending further proceedings in Spl.C.C.No.10 of 2021 on the file of the Honble Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore.

For Petitioner(s):

R.Suryakumaran For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.11.2025 for the alleged offence under Section 6 of POCSO Act, section 366(A), 376(3) of IPC and section 9 of Prohibition of Child Marriage Act,

2006, in Spl.C.C.No.10 of 2021 in Crime No.1191 of 2019 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner involved in the offence of POCSO Act and he was earlier arrested and released on bail. Subsequently, a Non Bailable Warrant was issued on 08.06.2023 and the same was executed on 25.11.2025 and the petitioner is in custody. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has suffered illness, hence he was not able to appear before the Trial Court, hence a Non Bailable Warrant was issued, he has voluntarily surrendered before the Trial Court on 25.11.2025 and the same is also been recorded in the order passed by the Trial Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner is habitually stalling the process by absconding and if the petitioner is released on bail there is likelihood that he will indulge in similar activities. Hence, he opposed to grant bail to the him.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. I have gone through the order passed by the Trial Court and considering the nature of the allegation and considering that the petitioner was already released on bail, earlier on merits, this Court is inclined to grant bail to the petitioner.

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, 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 surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of six weeks. [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.

09-01-2026 Mpa 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

1.The State rep by The Inspector of Police Rathinapura Police Station, Coimbatore District. Crime No.1191 of 2019.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 34794 of 09-01-2026