Selventhiran @ Selva @ Joswa v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35391 of 2025 Selventhiran @ Selva @ Joswa S/o.Suthanthiran, Kuppanur, Silon Colony, Sikkampatti, Omalur, Salem District.
Petitioner(s) Vs The State rep. by, The Inspector of Police, KVR Nagar, All Women Police Station, Tiruppur.
(Crime No.72 of 2025) Respondent(s) PRAYER :To enlarge the petitioner on bail pending investigation in Crime No.72 of 2025 on the file of the Inspector of Police, KVR Nagar, All Women Police Station, Tiruppur.
For Petitioner(s):
Mr.P.Thinesh For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
The petitioner / Accused, who was arrested and remanded to judicial custody on 14.11.2025 for the offences punishable under Sections 5(l), 5(i) (ii) and 5(u) r/w. 6 of POCSO Act, 2012 and Section 87 of BNS Act, in Crime No.72 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had sexual intercourse with prosecutrix minor victim girl and made her pregnant ; thereby committed aggravated penetrative sexual offence. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he was in judicial custody from 14.11.2025. Hence, he prayed bail for the
petitioner.
4. The learned Government Advocate appearing for the respondent would submit that the statement of the victim under Section 183 of BNSS was recorded and the investigation was completed. However, the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side, nature of offence, already investigation was completed and this Court also perused the statement of the victim and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of
the learned Sessions Judge, Mahalir Neethimandram, (FTMC), Tiruppur, and on further conditions that:
[b] the petitioner shall report before the concerned POCSO Court on all working days at 10.30 a.m. until further orders. [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
30.12.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl / rna 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 Inspector of Police, KVR Nagar, All Women Police Station, Tiruppur.
2. The Sessions Judge, Mahalir Neethimandram, (FTMC), Tiruppur.
3. The Central Prison, Coimbatore.
4. The Public Prosecutor, High Court, Madras.
P.DHANABAL , J.
mtl/rna CRL OP No. 35391 of 2025 30.12.2025