Naveen @ Naveenkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Naveen @ Naveenkumar ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep.By the Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.
(Crime No.7 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Anand For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.7 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 05.05.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to 1/6
grant bail.
2. The petitioner / accused No.2 was arrested and remanded to judicial custody on 01.04.2025 for the alleged offences punishable under Sections 5(1), 6(1), 7, 8, 16 and 17 of the POCSO Act and 351(2) of BNS, 2023, in connection with the Crime No.7 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the victim has been residing along with her mother and her grand mother. The grandmother of the victim had relationship outside the marriage with the father of the petitioner and they all have been residing in the same house. The allegation against the petitioner is that the petitioner herein sexually exploited and assaulted the victim girl. Hence, the case.
4. Mr.R.Anand, the learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and that a false case has been foisted against the petitioner. He further submits that the petitioner has been in judicial custody since 01.04.2025. He however submits that the petitioner is ready to abide by any condition to be imposed by this Court. He further submits that the petitioner is a college going student. He therefore prays to grant bail to the petitioner.
5. Mr.S.S.Manoj, Government Advocate (Crl. Side) appearing for the respondent-police, submits that the victim is 15 years old child and that the 2/6
petitioner herein made sexual assault on the victim girl. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. This Court has perused the First Information Report (FIR) and the statement of the victim girl recorded under Section 183 of the BNSS, 2023. The petitioner is a college going student and he has permanent residence and deep roots in society. The petitioner was arrested on 01.04.2025 and is in judicial custody since then. Considering the nature of offences alleged against the petitioner and also considering the period of incarceration, this Court is of the view that further custody of the petitioner is not necessary. Hence, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.
25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Fast Track Mahila Judge (Mahaleer Neethimandram), Ramanathapuram. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019'].
Ramanathapuram, shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023; (iv) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (v) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(vi) The petitioner shall furnish his residential address and mobile number to the learned Fast Track Mahila Judge (Mahaleer Neethimandram), Ramanathapuram; Further, the petitioner shall furnish temporary residing address at Coimbatore District also to the aforesaid Court. (vii) The petitioner shall appear and sign before the Inspector of Police, Chettipalayam Police Station, Coimbatore District daily at 06.00 p.m. until further orders;
(viii) The petitioner shall not enter into the victim girl's house; 4/6
(ix) The petitioner shall not try to contact the victim girl either directly or through any person or through any electronic mode; (x) On breach of any of the aforementioned conditions, the learned Fast Track Mahila Judge (Mahaleer Neethimandram), Ramanathapuram is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
trp TO 1.The Fast Track Mahila Judge (Mahaleer Neethimandram), Ramanathapuam.
2.The Officer-in-Charge, District Prison, Ramanathapuram.
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3.The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.
4.The Inspector of Police, Chettipalayam Police Station, Coimbatore District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.8388 of 2025 Date :08/05/2025 MK/SAR /12.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6