Vijay v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thanjavur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Vijay ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Thanjavur All Women Police Station, Thanjavur District.

(Crime No.30 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.30 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 08.12.2025 for the offences punishable under Sections 5(j)(ii), 5(l), 6(l) of POCSO Act and Section 9 and 10 of the Prohibition of Child Marriage Act, in Crime No.30 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 the victim, who is a minor girl, due to which she became 5 months pregnant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner and the victim girl fell in love. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 08.12.2025. Hence, he seeks bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioner and the investigation is still pending. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on 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, Principal Special Court for Exclusive Trial of Cases, under POCSO Act, Thanjavur, 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.

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[b] the petitioner shall appear before the respondent police as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with 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 BNS.

(S S Y J) 08.01.2026 msrm 4/6

To

1. The learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur.

2. The Superintendent, Sub Jail, Thanjavur.

3. The Inspector of Police, Thanjavur All Women Police Station, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.297 of 2026 Date :08.01.2026 6/6