Saravanan @ Saravanakumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Usilampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Saravanan @ Saravanakumar ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

Crime No.13 of 2025. ... Respondent/Complainant For Petitioner : Mr.AK.Azagar Sami For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To Enlarge the petitioner/Accused No.1 on bail in Spl.S.C.No.262 of 2025 on the file of the learned Special Court for the Exclusive Trial of POCSO Act Cases, Madurai in Crime No.13 of 2025. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 02.07.2025 for the offences punishable under Sections 5(k), 5(1), 5(j) (ii) and 6 of POCSO Act, in Spl.S.C.No.262 of 2025 on the file of the learned Special Court for the Exclusive Trial of POCSO Act Cases, Madurai in Crime No.13 of 2025, seeks bail.

2. The case of the prosecution is that the age of the victim girl is 17 years old. More than two persons have committed penetrative sexual assault against the victim girl and the victim girl became 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 is in judicial custody from 02.07.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that this is the second bail application and vehemently opposed the same, stating that the Trial Court has already commenced and is on the verge of completion. He further submitted that eight previous cases are pending against the petitioner. Therefore, he opposed the grant of bail to the petitioner.

5. The statement recorded under Section 164 of the Cr.P.C. supports the case of the prosecution, and the entire witnesses is supporting the case of the prosecution. At this stage, if the petitioner is let out on bail, there is a likelihood that he may not attend the trial and may intimidate the witnesses, the victim, and the victim's family. However, this Court is of the considered opinion that if the petitioner is directed to stay at Madurai, it would meet the ends of justice. Therefore, 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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned Special Judge for Exclusive Trial of POCSO Act Cases, Madurai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall stay at Madurai and report before the Trial Court daily at 10.30 a.m. until the trial is over, and shall attend the trial on all hearing dates without fail. The petitioner shall not intimidate or threaten the victim and the victim's family. Further the petitioner shall not enter the street, house, school / college or any places normally the victim is available.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 4/6

appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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) 03.02.2026 jbr TO

1. The Special Court for Exclusive Trial of POCSO Act Cases, Madurai.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.1134 of 2026 Date : 03/02/2026 6/6