Madras High CourtCRL OP(MD)/10986/2025dismissed

S.Rajendran v. The State Of Tamil Nadu

2025-07-07Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD)No.10986 of 2025 S.Rajendran S/o.Srinivasan ... Petitioner/Sole Accused Vs.

State of Tamil Nadu rep. by, The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.596 of 2023) ... Respondent/Complainant For Petitioner : Mr.S.Sankar 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.596 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was jumped out of bail and arrested and remanded to judicial custody on execution of Non Bailable Warrant on 15.05.2025

for the offences under Sections 5(m), 6(1) of POCSO Act and Section 506(i) of IPC, in Crime No.596 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner misbehaved with the defacto complainant's daughter, who is aged about 3 years and also threatened them with dire consequences. Hence, a case has been registered.

3. The learned counsel for the petitioner submits that initially the petitioner was enlarged on bail and he had changed his residence and informed the same to the nearest post office and also given his mobile number, because he expected summons from the Court. However, no summons was served to the petitioner. But suddenly he was arrested on Non Bailable Warrant. He would further submit that the petitioner is having permanent place of residence and hence, he will not abscond or evade process of law and he is in judicial custody from 15.05.2025 and is ready to abide by any conditions imposed by this Court. Hence, he seeks bail.

4. The learned Government Advocate (Crl.side) submits that the petitioner, aged 67 years, misbehaved with the defacto complainant's minor daughter and also threatened them. In this case, the petitioner was already granted bail, but he absconded, and Non Bailable Warrant was issued on 05.05.2025 and the same was executed on 15.05.2025. If the petitioner is released on bail, he will again abscond

and the progress of the case will be affected. Hence, the petition may be dismissed.

5. Taking into consideration of the above facts and circumstances and also the fact that the petitioner, who was already granted bail, subsequently, he absconded and hence, he was arrested on execution of Non Bailable Warrant and also taking into consideration the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. Sd/- 07.07.2025 // True Copy // / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO

1. The Sessions Judge, Principal Special Court for Exclusive Trail of Cases under POCSO Act, Thanjavur.

2.The Superintendent, Sub Jail, Pudukkottai.

3.The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.596 of 2023)

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD)No.10986 of 2025 Date : 07/07/2025 CT (24/07/2025) 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023