R.Thavaseelan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Pattukottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL R.Thavaseelan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Pattukottai Thanjavur District (Crime No. 15 of 2024)

...Respondent/Complainant

For Petitioner : Mr.C.D.Johnson For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.15 of 2024 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / A2, who was arrested and remanded to judicial custody on 29.09.2024 for the offences punishable under Sections 137(2), 351(2) of BNS and Sections 5(g),6(1),14(2) of POCSO Act in Crime No.15 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.09.2024 the defacto complainant was asked to come to Muthupet bus stand where the petitioner along with other accused took the defacto complainant by two wheeler where both the accused compelled her to engage in sexual acts and also threatened her. Hence the case.

3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. He would further submit that in this case investigation has been completed and final report has been filed before the concerned Court. The petitioner has been arrested and remanded to judicial custody on 29.09.2024.. Hence, he prays to grant bail to the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that accused persons compelled the defacto complainant to engage in sexual acts and also threatened her. There are materials available as against the petitioner. Hence, he opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side and also the considering the nature of offences and also the fact that the alleged occurrence took place in the year 2024 and now after completion of investigation the case has been taken on file by the Special Court in Spl.S.C.No.8 of 2025 and all the witness have been cross examined by the petitioner also taking into consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6

[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 Principal Special Court for Exclusive trial of cases under POSCO Act,Thanjavur and on further conditions that:

[b] the petitioner shall report before the trial Court on all working days at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law 4/6

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.

(P D B J) 15.04.2026 aav To 1.The Principal Special Court for Exclusive trial of cases under POSCO Act,Thanjavur 2.The Inspector of Police, All Women Police Station, Pattukottai Thanjavur District

3. The Superintendent, Central Prison, Tiruchirapalli 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 7094 of 2026 Date : 15.04.2026 6/6