Adaikkalam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2025 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.4611 of 2025 Adaikkalam, S/o. Kunju, Perumalpatty, Kilikudi, Illuppur Taluk, Pudukkottai District.
... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Illuppur All Women Police Station, Pudukkottai District.
Crime No. 4/2025.
... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.4 of 2025 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 10.02.2025 for the offences punishable under sections 9(f) and 10 of the Protection of Child from Sexual Offences Act, 2012 and Section 75 of Juvenile Justice Act, 2015 in Crime No.4 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that when the petitioner was working as a Physical Education Teacher in the Government Higher Secondary School, Kilikudi, he misbehaved with the female children studying in the said School frequently. Hence, the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against him. He would further submit that if the petitioner is released on bail, he will not abscond. He would further submit that the petitioner's son and daughter are now studying in the said school. He would further submit that the petitioner is in custody from 10.02.2025 and he is also ready to abide by any condition imposed by this Court. He would further submit that there is no previous case pending against the petitioner. Hence, the petitioner may be released on bail.
4. The learned Additional Public Prosecutor would submit that the petitioner is the sole accused in this case. He would further submit based on a complaint lodged 2/5
by the District Child Protection Unit, Pudukkottai, the respondent Police registered a case in Crime No.4 of 2025 against the petitioner herein. He would further submit that the petitioner misbehaved with the children studying in the Government Higher Secondary School. He would further submit 18 persons have lodged a complaint against the petitioner herein. He would further submit that no previous case is pending against the petitioner. However, he strongly opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, considering the nature of offences charged against the petitioner, considering the fact that no previous case is pending against the petitioner and also taking into consideration the period of incarceration underwent by the petitioner, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Sessions Judge, Mahila Court, Pudukkottai and on further conditions that: [b] the petitioner shall report before the respondent Police daily at 10.00 A.M. until further orders.
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[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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 B.N.S.
sd/- 12/03/2025 / TRUE COPY / 12/03/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE SESSIONS JUDGE,MAHILA COURT, PUDUKKOTTAI. 2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 4/5
3 THE INSPECTOR OF POLICE, ILLUPPUR ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
ORDER
IN CRL OP(MD) No.4611 of 2025 Date :12/03/2025 NBF/SAR/ (12/03/2025) 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5