Ajlin Romario v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Ajlin Romario ... Petitioner / Accused No.1 Vs The State of Tamilnadu, Rep.By the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari.
(Crime No. 22 of 2025) ... Respondent/Complainant For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.S.S.Manoj, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For bail in Crime No. 22 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 06.05.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to 1/6
grant bail.
2. The petitioner / accused No.1 was arrested and remanded to judicial custody on 25.03.2025 for the alleged offences punishable under Section 3(a), 4 and 17 of POCSO Act in Crime No.22 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the petitioner and the victim girl were loved each other. On 20.03.2025, at about 11:30 p.m., the petitioner went to the victim's house and had sexual intercourse with her. On 23.02.2025, the petitioner's mother and maternal aunt came to the victim's house and had a quarrel with the victim and her family. Hence the case.
4. Mr.Niranjan S.Kumar, 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 25.03.2025. He however submits that the petitioner is ready to abide by any condition to be imposed by this Court. 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 petitioner had sexual relationship with the victim girl. He further submits that if bail is granted to the petitioner, he may cause threat to the defacto complainant and the witnesses. Accordingly, he prays to 2/6
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 recorded under Section 183 of BNSS, 2023. The petitioner was arrested on 25.03.2025 and has been in judicial custody since then. Considering the nature of offences alleged against the petitioner and considering the period of incarceration, 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 Special Judge for Exclusive Trial of Cases under POCSO Act, Nagercoil; (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']. The learned Special Judge for Exclusive Trial of Cases under POCSO Act, Nagercoil shall obtain a copy of any one of identity proofs to ensure their identity;
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(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 Special Judge for Exclusive Trial of Cases under POCSO Act, Nagercoil; (vii) The petitioner shall appear and sign before the respondent-Police daily twice at 09.00 a.m. and 06.00 p.m. until further orders; (viii) The petitioner shall not enter into the defacto complainant's house or workplace;
(ix) The petitioner shall not try to contact the defacto complainant either directly or through any electronic mode;
(x) On breach of any of the aforementioned conditions, the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Nagercoil is entitled to pass appropriate orders against the petitioner in accordance with law as if the 4/6
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 JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, NAGERCOIL.
2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari.
3.The District Jail, Nagercoil, Kanyakumari District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-5460[I] dated 09/05/2025 ) 5/6
ORDER
IN CRL OP(MD) No.8528 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