Mahalingam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mahalingam ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

(Crime No.15 of 2020) ... Respondent/Complainant For Petitioner : Mr.A.Arputharaj Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Spl S.C.No.13 of 2021 in Cr.No.15 of 2020 on the file of the learned Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/4

27.08.2024 for the offence punishable under Sections 5(1), 5(r), 5(j)(ii) r/w 6 of POCSO Act, in Spl S.C.No.13 of 2021 in Cr.No.15 of 2020 on the file of the learned Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram, seeks bail,

2. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that it is a case of the year 2020 and the investigation has been completed and the charge sheet has also been filed in Spl.S.C.No.13 of 2021 on the file of the learned Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram. He further submitted that the petitioner was not appear before the trial Court in the year 2022. Hence, Non-bailable warrant was issued against the petitioner on 26.07.2022 and the same was executed only on 27.08.2024. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is in judicial custody from 27.08.2024. Hence, he seeks bail to the petitioner.

3. The learned Government Advocate (Criminal Side) submitted that the petitioner was failed to appear before the concerned Magistrate and hence NBW was issued against the petitioner in the year 2022. After 2 years, the petitioner was arrested on 27.08.2024. He further submitted that if the petitioner is released on bail, he may be abscond. Hence, he opposed for grant of bail to the petitioner. 2/4

4. Considering the facts and circumstances of the case and also the fact that Non-bailable warrant was issued in the year 2022 and executed only on 27.08.2024 and after 2 years only the petitioner was arrested and now the case was posted before the trial Court for arguments, if the petitioner enlarging on bail at this point of time, he may abscond, and also considering the gravity offence and considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. No costs. sd/- 06/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

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

+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-8514[I] dated 07/08/2025 ) 3/4

ORDER

IN CRL OP(MD) No.11600 of 2025 Date :06/08/2025 NBF/SAR- /25/08/2025/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4