Ganesamoorthy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Ganesamoorthy, S/o.Gurusamy.
..Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Thiru Uthirakosamangai Police Station, Ramanathapuram District.
(Crime No.24 of 2025) ..Respondent/Complainant For Petitioner : Mr.CN.Tamizharasan, 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.24 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 14.05.2025 for the offences punishable under Sections 9(m) r/w 10 of POCSO Act, 1/5
2012 in Crime No.24 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto-complainant is the mother of the victim. When the defacto complainant's daughter, who is aged about 10 years, was playing in the Anganwadi School, the petitioner approached the victim and misbehaved with her. On the basis of the complaint given by the defacto complainant, case has been registered.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that he has been falsely implicated in this case and the petitioner is in custody from 14.05.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that investigation has already been completed and charge sheet has also been filed through e-filing. He would further submit that 164 statement of the victim has also recorded and there is no penetrative sexual assault. Further, he opposed 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 the investigation has been completed and charge sheet has also been filed and also considering the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 2/5
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 Fast Track Mahila Court, Ramanathapuram 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 contact number to the Fast Track Mahila Court, Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the Fast Track Mahila Court, Ramanathapuram;
[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00 pm 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 3/5
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 of BNS.
7. Accordingly, this Criminal Original Petition is allowed. sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
das TO 1 THE JUDGE, FAST TRACK MAHILA COURT, RAMANATHAPURAM. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, THIRU UTHIRAKOSAMANGAI POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10918 of 2025 Date :11/07/2025 4/5
NBF/SAR- /14/07/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5