Ragul Gandhi @ Rahul v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Ragul Gandhi @ Rahul ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Aw Police Station, Thiruvaiyaru, Thanjavur District.

Crime No. 9 /2024.

... Respondent/Complainant For Petitioner : M/s.Prabha.S, For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.9/2024, on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 31.12.2024 for the offences under Sections 114(2), 12 of POCSO Act and Section 67 B(b) of IT Act, 2008 in Crime No.9 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner lured the victim girl and had taken photographs with her and they started developing a love affair. Thereafter, the parents opposed the same and the victim girl also started moving away from the petitioner. In spite of the same, the petitioner is said to have harassed and threatened the victim girl and the family members.

3. Heard the learned Counsel appearing on either side.

4. Taking into consideration the facts and circumstances of the case and considering the age of the petitioner and also taking note of the fact that the petitioner and the victim girl seem to be loving each other which was opposed by the parents and also considering the fact that the petitioner has already suffered incarceration 2/5

from 31.12.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.

5. Accordingly, the criminal original petition is ordered and 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, out of which one of the surety shall be the mother or the father of the petitioner, each for a like sum to the satisfaction of the learned Principal Sessions Judge, Special Court for Exclusive 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.

[b] the petitioner shall report before the respondent police every Saturday at 10.30 a.m until further orders.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

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

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[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

[h]The petitioner shall file an affidavit before the Court below undertaking that he will not go near the victim girl and will not cause any harassment or threat through any means. This affidavit shall be taken from the petitioner at the time of execution of the bond.

sd/- 31/01/2025 / TRUE COPY / 31/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE PRINCIPAL SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE UNDER POCSO ACT, THANJAVUR.

2 THE OFFICER INCHARGE SUB JAIL, THANJAVUR.

3 THE INSPECTOR OF POLICE, AW POLICE STATION, THIRUVAIYARU, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.2051 of 2025 Date :31/01/2025 SS/SAR- /31/01/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5