Vijay v. State Rep.By, The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Vijay S/o. Ravi, No.604, Mathina street, Nethaji Nagar North, Vaniyambadi Taluk, Tirupathur District.

Petitioner(s) Vs

1. STATE REP.BY, The Sub Inspector of Police All Women Police Station, Vaniyambadi, Tirupathur District.

Crime no 36 of 2025 Respondent(s) PRAYER To enlarge the petitioner on bail in crime no 36 of 2025 pending on the file of the Sub Inspector of Police All Women Police Station, Vaniyambadi Tirupathur district.

For Petitioner(s):

C.D.Sugumar For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.11.2025, for the alleged offence punishable under Sections 7 r/w.8, 11(4) r/w. 12 of POCSO Act in Crime No.36 of 2025, on the file of the respondent police,

seeks bail.

2. The case of the prosecution is that on 10.11.2025 at about 11.00 pm., the petitioner touched the victim inappropriately in her private parts. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted 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 is in judicial custody from 10.11.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case has been completed and there are no previous cases pending against the petitioner. However, he opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the fact that the investigation has been completed and that there are no previous cases pending against the petitioner and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, Vaniyambadi, Thirupathur, and on further conditions that:- [b] the petitioner shall report before the 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 he is accused, or suspected, or of the commission of which he 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 him 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 269 BNS.

26-12-2025 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 Judicial Magistrate, Vaniyambadi, Thirupathur. 2.STATE REP.BY, The Sub Inspector of Police All Women Police Station, Vaniyambadi, Tirupathur District.

Crime no 36 of 2025 3.The Superintendent, Central Prison, Vellore District.

4.The Public Prosecutor High Court of Madras.

P.DHANABAL J.

mpa CRL OP No. 35510 of 26-12-2025