Muthuramalingam v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-11-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY Muthuramalingam Petitioner(s) Vs The State of Tamilnadu Rep. by. The Inspector of Police All Women Police Station, Tiruchendur, Thoothukudi District.(in Crime No.16 of 2025) Respondent(s) [Amended as per order of this Court dated 14.07.2025] For Petitioner(s): Mr.A.Robinson For Respondent(s): M/s.M.Aasha, Government Advocate (crl. Side) Prayer: For Anticipatory Bail in Crime No.16 of 2025 on the file of the Respondent Police.

ORDER

The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(l), 6 of POCSO Act, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the petitioner is aged about 22 years and the victim is 15 years old girl. The petitioner had physical relationship with the victim and hence, the victim became pregnant for five months. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the petitioner has cooperated with the investigation and regularly appeared before the respondent police and DNA test was conducted indue course.

5. Considering the facts and circumstances of the case and also considering the age of the petitioner and further the conditions of interim anticipatory bail was complied, hence interim anticipatory bail already granted by this Court is made absolute and confirmed and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/4

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Special Court for the Exclusive Trial of POCSO Act Cases, Thoothukudi District, within a period of fifteen days from the date on which the order copy made ready, and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner is directed appear before the respondent police daily at 10.30 a.m., until further orders.

[c]the petitioner shall not tamper with the 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 is 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].

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[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

21-11-2025 KSA To

1. The Inspector of Police All Women Police Station, Tiruchendur, Thoothukudi District.(in Crime No.16 of 2025)

2. The Additional Public Prosecutor, Additional Public Prosecutor, Madurai.

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