K.Ananthakumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL K.Ananthakumar ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Thottiyam, Trichy District.

(Cr.No.262/2024.) ... Respondent/Complainant For Petitioner :

Mr.C.M.Arumugam, Advocate For Respondent :

Mr.R.Meenakshisundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.262/2024 on the file of the respondent police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 04.02.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant 1/5

bail.

2. The petitioner/ Sole Accused was arrested and remanded to judicial custody on 02.01.2025 for the alleged offence punishable under Sections 7 and 8 of the Tamil Nadu Protection of Child from Sexual Offences Act, 2012 in Crime No.262 of 2024 on the file of the respondent police.

3. The case of the prosecution is that the petitioner is sexually harassing the defacto complainant's minor daughter often. Hence the complaint.

4. Mr.C.M.Arumugam, learned counsel appearing for the petitioner, submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner. He would further submit that the petitioner has been in judicial custody since 02.01.2025 and he is ready to obey the conditions to be imposed by this Court and pray for granting bail to the petitioner.

5. Per contra, Mr.R. Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent police, submitted that in this case, investigation has been completed and charge sheet is made ready and the statement of victim under Section 164 of Cr.P.c. was recorded. However, he strongly opposed the grant of bail to the petitioner.

6. Heard on both sides. This Court has perused the records. 2/5

7. Considering the nature of offence and facts and circumstances of the case, in order to give one more opportunity to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Sessions Judge, Mahila Court, Tiruchirappalli;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Sessions Judge, Mahila Court, Tiruchirappalli shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish her residential address and mobile number; (iv) The petitioner shall stay at Tiruchirappalli and appear and sign before the learned Judicial Magistrate No.I, Tiruchirappalli, on all working days at 10.30 a.m., and 05.00 pm., until further orders;

(v) The petitioner should not enter into Pappapatti Village, Musiri Taluk without prior permission of the learned Judicial Magistrate I, Tiruchirappalli; (vi) The petitioner shall not, directly or indirectly, cause any threat to the 3/5

defacto complainant and witnesses and shall not tamper the evidence; and (vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 06/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK To 1.The Sessions Judge, Mahila Court, Tiruchirappalli.

2.The Inspector of Police, Thottiyam, Trichy District.

3.The Officer Incharge, Kulithalai Sub Jail, Karur.

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

Copy to:

1.The Judicial Magistrate No.I, Tiruchirappalli.

2.Do through the Chief Judicial Magistrate, Tiruchirappalli District.

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-1434[I] dated 06/02/2025 )

ORDER

IN CRL OP(MD) No.2289 of 2025 Date :06/02/2025 ED/ /SAR- (06/02/2025) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5