S. Rajendran v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S.Rajendran ..Petitioner/Sole Accused Vs The State of Tamilnadu Rep.by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.596 of 2023) .. Respondent/Complainant For Petitioner : Mr.S.Sankar For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Spl.S.C.No.11 of 2025, on the file of the Principal Special Court for Exclusive Trial of Cases Under POCSO Act, Thanjavur. ORDER : This Court made the following order :- The petitioner/Sole Accused, who was jumped out of bail and arrested and 1/6

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(1) of IPC, in Spl.S.C.No.11 of 2025, on the file of the Principal Special Court for Exclusive Trial of Cases Under POCSO Act, Thanjavur, 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 undertakes that he will appear before the trial Court without any default in future and he is in judicial custody from 15.05.2025 and he is ready to abide by any conditions imposed by this Court. Hence, he seeks bail. 2/6

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. He would further submits that the investigation has been completed and the charge sheet has also been filed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that Non bailable warrant issued on 05.05.2025 and the same was executed on 15.05.2025 and the investigation has been completed and the charge sheet has also been filed 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 Principal Special Court 3/6

for Exclusive Trial of Cases Under POCSO Act, Thanjavur, 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 Principal Special Court for Exclusive Trial of Cases Under POCSO Act, Thanjavur. If the petitioner changes his residential address, he shall report the same to the learned Principal Special Court for Exclusive Trial of Cases Under POCSO Act, Thanjavur;

[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 trial Court 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.

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

sd/- 25/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MSRM TO 1 The Learned Principal Special Court For Exclusive Trial of Cases Under Pocso Act, Thanjavur.

2 The Officer Incharge, Sub Jail, Pudukkottai.

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

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

ORDER

IN CRL OP(MD) No.13103 of 2025 Date :25/08/2025 NM/26.08.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6