Jiyavudeen v. State Of Tamilnadu Rep By Inspector Of Police, Uthamapalayam-Awps

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 8691 of 2026 Jiyavudeen

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS Uthamapalayam Police Station, Theni District.

(Crime No.14 of 2025)

...Respondent/Complainant

For Petitioner : Mr.P.Surya Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 14 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 on 25.06.2025, for the offences punishable under Sections 65(2) of BNS and Sections 5(m), 5(1) and 6 of POCSO Act @ 351(3), 65(2) of BNS and 1/6

Sections 5(m), 5(1) and 6 of POCSO Act, in Crime No.14 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused person had committed sexual assault (oral sex) upon the victim girl, who is aged about 8 years and the victim boy, who is aged about 7 years and gave money to them. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Investigation has been completed and charge sheet has also been filed before the concerned Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The accused person using the innocence of the victims committed sexually assault upon them. He also gave money for the said activity. Investigation has been completed and charge sheet has also been filed. Now the victims were also examined by the trial Court. He vehemently opposed the grant of bail to the 2/6

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, considering the nature of charges levelled against the petitioner, the investigation has been completed, final report has been filed before the concerned Court and the same was taken for trial and now the victims were also examined before the trial Court and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[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 learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, and on further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under 3/6

POCSO Act, Theni, at 10.30 a.m., on all working days until further orders:

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she 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 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) 05.06.2026 TM 4/6

To 1.The Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni.

2.The Inspector of Police, AWPS Uthamapalayam Police Station, Theni District. (Crime No.14 of 2025) 3.The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 8691 of 2026 Date : 05.06.2026 6/6