Saran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.1780 of 2025 Saran ... Petitioner / Sole Accused Vs The State of Tamil Nadu Represented by the Inspector of Police, AWPS - Vadamadurai Police Station, Dindigul District.

(Crime No.6 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Iniyavan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.

PRAYER :- For Anticipatory Bail in Crime No. 6 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 87, 127

(2) of BNS and 7 r/w. 8 of POCSO Act, 2012, in Crime No.6 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had committed sexual assault against the victim girl.

3. Heard the learned counsel on either side and perused the material records of the case.

4. This Court carefully went through the statement recorded from the victim girl under Section 183(5) of BNSS. The statement of the victim girl is very artificial and the fact remains that there was a love affair between the parties and there was interference. The petitioner is aged about 21 years. Hence, this Court this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Sessions Judge, POCSO Court, Dindigul District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity.

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

[c] the petitioner shall not tamper with 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 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 of BNS, 2023.

sd/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE SESSIONS JUDGE, POCSO COURT, DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE, AWPS -VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1780 of 2025 Date :30/01/2025 NBF / SAR- (18/02/2025) 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023