Nathishkumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps - Puliangudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Nathishkumar ..Petitioner/ Accused Vs State of Tamil Nadu Rep by the Inspector of Police, Puliangudi All Women Police Station, Tenkasi District.
(Crime No.8 of 2025) .. Respondent/Complainant For Petitioner : Mr.B.Arun Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.8 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/5
on 13.04.2025 for the offence punishable under Section 6, 5(i) and 5(l), (ii) of POCSO Act, in Crime No.8 of 2025 on the file of the respondent police. Hence, he seeks bail.
2. The case of the prosecution is that there was a love affair between the petitioner and the victim girl who is aged about 12 years. Further, the petitioner falsely promised to marry the victim girl and committed penetrative sexual assault on the victim girl, due to which she became pregnant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that there is no previous case pending against the petitioner and the charge sheet has also been filed in Spl.S.C.No.419 of 2025 on the file of the Principal District Judge, Tenkasi. He would further submit that the petitioner is in judicial custody from 13.04.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the investigation has been completed and the charge sheet has also been filed in Spl.S.C.No.419 of 2025 before the Principal District Judge, Tenkasi. He would further submit that there is no previous case pending against the petitioner and the investigation is almost completed. However, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also 2/5
the fact that it is a case of love affair and the petitioner was arrested on 13.04.2025 and also considering the statement under Section 183 of BNSS has been recorded from the victim girl and there is no previous case pending against the petitioner and the investigation has been almost completed and also consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sivagiri, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Sivagiri. (c)If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Sivagiri. [d] the petitioner shall stay at Tirunelveli and report before the Palayamkottai Police Station, daily at 10.00 a.m., and 05.00 p.m., until 3/5
further orders except the Court hearings and also appear before the trial Court on all hearing dates.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 18/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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msrm TO 1 The Judicial Magistrate, Sivagiri.
2 Do Through the Chief Judicial Magistrate, Tenkasi District. 3 The Superintendent, Central Prison, Palayamkottai. 4 The Inspector of Police, Awps - Puliangudi, Puliangudi All Women Police Station, Tenkasi District.
5 The Inspector of Police, Palayamkottai Police Station. 6 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.8937 of 2025 Date :18/08/2025 NBF/SAR- /20/08/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5