Karthick v. The State Of Tamilnadu, Rep. By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.08.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Karthick, S/o.Periyasamy .. Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Musiri All Women Police Station, Musiri, Trichy District - 621211.

(Crime No.25 of 2022) .. Respondent/Complainant For Petitioner : Mr.N.Sudhagar Nagaraj, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.25 of 2022 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 30.05.2025 for the offences punishable under Sections 366, 341, 506(1), 9 of CMP 1/5

Act, 5(n), 5(l) r/w 6(1) of POCSO Act, 2012 in Crime No.25 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de-facto complainant is the mother of the victim girl. The petitioner is married to the victim girl's sister, and they have a child. It is alleged that the petitioner had physical intercourse with the victim girl, who was about 17 years old at the date of the occurrence. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He submitted that the petitioner has been in custody from 30.05.2025. He further submitted that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. Hence, he seeks bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case. A Non-Bailable Warrant (NBW) was issued against the petitioner on 24.04.2025 and the same was executed on 30.05.2025. He further submitted that the investigation in this case has been completed and a charge sheet has also been filed through e-filing and the case is now pending for trial. However, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, and 2/5

taking note of the fact that the petitioner was remanded to judicial custody on 30.05.2025, and that the entire investigation in this case has already been completed and a charge sheet has also been filed through e-filing and the case is now pending for trial, and considering the period of incarceration already undergone by the petitioner, and also considering the undertaking given by the learned counsel for the petitioner, 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 learned Sessions Judge, Mahila Court, 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 learned Sessions Judge, Mahila Court, Tiruchirappalli. If the petitioner changes his residential address, he shall report the same to the learned Sessions Judge, Mahila Court, Tiruchirappalli;

[c] the petitioner shall report before the respondent police daily at 10.00 a.m. 3/5

except on hearing dates, until further orders; Further, the petitioner shall appear before the concerned Trial Court on hearing dates; [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]; and; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

sd/- 07/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn 4/5

TO 1.The Sessions Judge, Mahila Court, Tiruchirappalli.

2.The Superintendent, Central Prison, Tiruchirappalli.

3.The Inspector of Police, Musiri All Women Police Station, Musiri, Trichy District - 621211.

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

ORDER

IN CRL OP(MD) No.11840 of 2025 Date :07/08/2025 SBN/08.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5