Baskar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Baskar ... Petitioner/ Sole Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Musiri All Women Police Station, Trichy District.

(Crime No.18 of 2025) ... Respondent/ Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

PRAYER :- For Bail in Crime No.18 of 2025 on the file of the Respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 22.04.2025 for the offences punishable under Section 87 BNS, 2023 and Sections 5(l), 5(j)(ii) r/w 6(1) of POCSO Act, 2012 in Crime No.18 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant's daughter were in love and the petitioner, by giving false promise to the defacto complainant's daughter, who is aged 15 years, had sexual intercourse with her, due to that, the defacto complainant's daughter got pregnant. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner and the defacto complainant's daughter loved each other and that a false case has been lodged as against the petitioner. 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 22.04.2025 nearly 77 days. Hence, he seeks bail. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner, by giving false promise, had committed penetrative sexual assault on the victim girl, who is aged 15 years and the victim girl got pregnant and that the respondent police, after completing the investigation, has filed the charge sheet and the same is yet to be taken on file. He would further submit that the statement of victim girl has already been recorded under Section 183 BNSS. He would fairly concede that the petitioner is not having any previous cases. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the fact that it is a case of love affairs and also the facts that charge sheet has been filed and that the petitioner is not having any previous cases and taking note of the fact that the petitioner remanded into judicial custody on 22.04.2025, 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 Sessions Judge, Mahila Court, 3/6

Tiruchirappalli 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 Sessions Judge, Mahila Court, Tiruchirappalli. If the petitioner changes his residential address, he shall report the same to the Sessions Judge, Mahila Court, Tiruchirappalli;

[c] the petitioner shall stay at Trichy and appear and sign before the Inspector of Police, Trichy Cantonment Police Station, Trichy District daily two times at 10.00 a.m. and 05.00 p.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;

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[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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 07/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. THE SESSIONS JUDGE, MAHILA COURT, TIRUCHIRAPPALLI.

2. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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3. THE INSPECTOR OF POLICE, MUSIRI ALL WOMEN POLICE STATION, TRICHY DISTRICT.

4. THE INSPECTOR OF POLICE, TRICHY CANTONMENT POLICE STATION, TRICHY DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-7207[I] dated 07/07/2025 )

ORDER

IN CRL OP(MD) No.11407 of 2025 Date :07/07/2025 PR/07.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6