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Madras High CourtCRL OP/36017/2025granted

Aravind v. The State Rep. By

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Aravind Petitioner(s) Vs The State Rep. by Inspector of Police Vellore Taluk Police Station, Vellore District.

Crime No.215/2025 Respondent(s) PRAYER:- Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in connection with Spl.SC. No.226 of 2025 on the file of the learned Sessions Judge (Special Court for Exclusive Trail of Cases Under POCSO Act, Vellore.

For Petitioner(s):

For Respondent(s):

Mr.L.Ram Kumar Mr.S.Vinoth Kumar Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.09.2025, for the alleged offences punishable under Sections 17, 5 (l), 6 (1) of the POCSO Act, Sections 137 (2), 351 (3), 49, 78 (1) (i), 78 (2), 87 of the BNS

2023, and Sections 9 r/w 10 of the Prohibition of Child Marriage Act, 2006, in Crime No.215 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, the petitioner and two others forcibly abducted the victim in a car, took her to Tirupathi Temple, performed a purported marriage, and subjected her to non-consensual sexual intercourse. Hence, the present case came to be registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that that the petitioner has been suffering incarceration from 28.09.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. 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 offences are grave in nature and investigation has been completed. However, he vehemently opposed to grant of bail to the petitioner.

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

6. Considering the nature of allegations, period of incarceration of the petitioner and also considering the fact that investigation has been completed, 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 learned Sessions Judge (Special Court for Exclusive Trial of Cases Under POCSO Act-2012), Vellore, and on further conditions that:- [b] the petitioner shall report before the concerned trial 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.

30-12-2025 ep/sha 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 (Special Court for Exclusive Trial of Cases under POCSO Act, 2012, Vellore.

2.The Superintendent of Police Central Prison, Vellore.

3.The State Rep. by Inspector of Police, Vellore Taluk Police Station, Vellore District.

4.The Public Prosecutor High Court of Madras

P.DHANABAL J.

ep/sha 30-12-2025