Britto v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Britto, S/o.Arockiasamy, Kombai, A.Vellodu, Dindigul District.
..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Dindigul-Rural, Dindigul District.
(Crime No.16 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.Manikandan 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.16 of 2025 on the file of the Respondent Police. 1/5
ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 17.04.2025 for the offences punishable under Sections 87 of BNS and Section 5(1) r/w.6 of POCSO Act in Crime No.16 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the victim girl is acquainted with the petitioner and frequently speaking over the mobile phone and developed love affair with the petitioner. The parents of the victim girl reprimanded the victim girl for their intimate relationship. On 02.04.2025, at about 06.30p.m. The petitioner kidnapped the victim girl and he had committed aggravated penetrative sexual assault. Hence, the case.
3. The learned counsel for the petitioner would submit that the victim girl and the petitioner are relatives, they loved each other. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 17.04.2025 nearly 53 days. Hence, he seeks bail.
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4. The learned Government Advocate (Criminal Side) would submit that the petitioner kidnapped the victim girl and he had committed aggravated penetrative sexual assault. The age of the victim girl is only 17 years old. In this case, 164 Cr.P.C. Statement was recorded. In this case, most of investigation is completed. However, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that on perusal of the records, it revealed that the mother of the victim girl has filed no objection before the trial Court to the release of the accused on bail, it is case of love affair, the petitioner/accused remanded into judicial custody on 17.04.2025, taking into consideration of the period of incarceration, 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 Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul 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.
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[b] The petitioner shall furnish his residential address and mobile number to the Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul. If the petitioner changes his residential address, he shall report the same to the Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul; [c] the petitioner shall appear and sign before the Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul on all working days at 10.30 a.m. until further orders.
[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, DINDIGUL.
2 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.
3. The Inspector of Police, All Women Police Station, Dindigul-Rural, Dindigul District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.9683 of 2025 Date :11/06/2025 MK/11.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5