Mahalingam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.07.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Mahalingam ..Petitioner/Sole Accused Vs The State of Tamilnadu Rep.by The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.
(Crime No.151 of 2023) .. Respondent/Complainant For Petitioner : Mr.K.Rajiv Gandhi For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.66 of 2023, on the file of the Fast Track Mahila Court (Mahaleer Neethimandram) Ramanathapuram.
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ORDER : This Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Sections 363 of IPC and Section 5(1) r/w 6 of POCSO Act, in S.C.No.66 of 2023, on the file of the Fast Track Mahila Court (Mahaleer Neethimandram) Ramanathapuram, in Crime No.151 of 2023, on the file of the respondent police, seeks bail.
2. The learned counsel for the petitioner submitted that after the registration of the case in Crime No.151 of 2023, he was enlarged on bail. Further, the respondent police have completed the investigation and filed a charge sheet in S.C.No.66 of 2023 before the Fast Track Mahila Court(Maheleer Neethimandram) Ramanathapuram. He further submitted that due to non-appearance of the petitioner on 23.06.2025, the trial Court has issued NBW against the petitioner and the same was executed on 01.07.2025. 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. He further submitted that the petitioner is in judicial custody from 01.07.2025. Hence, he seeks bail.
3. The learned Government Advocate (Criminal Side) submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had 2/5
issued Non Bailable Warrant to the petitioner. He further submitted that the charge sheet has also been filed. He further submitted that there are 5 previous cases pending against the petitioner and 14 witnesses were examined and the case is pending for examination of Investigating Officer. However, he objected to grant bail to the petitioner.
4. Taking into consideration of the facts and circumstances of the case and also the fact that it is a case of love affair and the investigation has been completed and the charge sheet has also been filed and now the case is pending for examination of Investigating Officer and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:
5. 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 (Maheleer Neethimandram) 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. 3/5
[b] The petitioner shall furnish his residential address and contact number to the Fast Track Mahila Court (Maheleer Neethimandram) Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the Fast Track Mahila Court (Maheleer Neethimandram) Ramanathapuram;
[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders except the Court hearings. Further, the petitioner is directed to appear before the Fast Track Mahila Court (Maheleer Neethimandram) Ramanathapuram, on all 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 4/5
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 BNS.
sd/- 25/07/2025 / TRUE COPY / 28/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm To
1. The Fast Track Mahila Judge (Maheleer Neethimandram) Ramanathapuram,
2. The Officer In-charge , District Jail, Ramanathapuram.
3. The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12062 of 2025 Date :25/07/2025 HPS/28.07.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5