Silambarasan v. 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. 35544 of 2025 Silambarasan S/o.Sellakannu, K-Vetrapatti , Village And Post, Harur Taluk, Dharmapuri District.
Petitioner(s) Vs State Rep. by The Inspector of Police All Women Police Station, Harur, Dharmapuri District.
(Crime No.24 of 2025).
Respondent(s) PRAYER :To enlarge this petitioner on bail concerned in crime No.24 of 2025 pending on the file of the respondent police. For Petitioner(s):
Mr.M.Sivakumar For Respondent(s) : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
The petitioners / Accused, who were arrested and remanded to judicial custody on 28.11.2025 for the offences punishable under Section 9(1) of POCSO Act in Crime No.24 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the victim girl was aged 16 years and studying XI standard at Viay Vidhyalaya Matri School, Thottampatti. On 02.10.2025, the petitioner took the victim girl to the forest area and sexually assaulted her. 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 28.11.2025. Hence, he prayed bail for the petitioner.
4. The learned Government Advocate appearing for the respondent would submit that the investigation is pending and the offences are grave in nature and the statement of victim girl was already recorded. He would further submit that there is no previous case against the petitioner. 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 and that material part of investigation is over and the statement of victim was also recorded 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 Special Court for Exclusive Trial of Cases under (POCSO) Act Dharmapuri, and on further conditions that:
[b] the petitioner shall report before the respondent police for a period of thirty (30) days and thereafter as and when required for interrogation.
[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, All Women Police Station, Harur, Dharmapuri District.
2. The Special Court for Exclusive Trial of Cases under (POCSO) Act Dharmapuri.
3. The District Prison, Dharmapuri.
4. The Public Prosecutor, High Court, Madras.
P.DHANABAL , J.
mtl/rna CRL OP No. 35544 of 2025 30.12.2025