Saravanan v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.07.2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Saravanan, S/o.Muniyasamy, .. Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Kamuthi AWPS, Ramanathapuram District.

(Crime No.10 of 2024) .. Respondent/Complainant For Petitioner : Mr.A.Uthaya Kumar, Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.10 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial 1/6

custody on 29.08.2024 for the offences punishable under Sections 351(3) of BNS and Section 3 r/w 4 of POCSO Act, in Crime No.10 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the victim girl are close relatives. On 27.08.2024 at about 08.30 am, when the victim girl was going with the petitioner, after returning from the school, the petitioner kidnapped her and sexually assaulted the victim. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. 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 29.08.2024, nearly one year and the petitioner is not having any pervious case. Hence, he seeks bail.

4.The learned Government Advocate (Criminal Side) would submit that the petitioner and the victim are close relatives. The petitioner is aged about 34 years and the victim is aged about 14 years. On 27.08.2024 at about 08.30 am, when the 2/6

victim girl was going with the petitioner, after returning from the school, the petitioner kidnapped her and sexually assaulted the victim and threatened her not to say the incident to anybody, otherwise, he will kill her brother. He would further submit that after completion of investigation, charge sheet has been filed and the case was taken on file in Spl.S.C.No.96 of 2024 and the same was posted today (ie.,29.07.2025) for cross examination of P.W.3.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the investigation has been completed and charge has also been filed and the same was taken on file in Spl.S.C.No.96 of 2024 on the file of the Mahila Court, Ramanathapuram and also the fact that the defacto complainant and the victim were already examined in chief and cross examined by the other side and the petitioner is not having any bad antecedents and also fact that the petitioner/Accused is in judicial custody from 29.08.2024, 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 3/6

sureties, each for a like sum to the satisfaction of Fast Track Mahila Court (Mahaleer 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.

[b] The petitioner shall furnish his residential address and contact number to the Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram; [c] the petitioner shall appear and sign before the Ramanathapuram Bazar Police Station daily twice at 10.30 a.m. and 05.30 p.m, except on hearing dates. On hearing dates, the petitioner shall appear before the concerned trial Court. [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 4/6

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/- 29/07/2025 / TRUE COPY / 29/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO

1. The Sessions Judge, Fast Track Mahila Court(Mahaleer Neethimandram), Ramanathapuram District.

2. The Officer Incharge, District Prison, Ramanathapuram District.

3. The Inspector of Police, Kamuthi AWPS, Ramanathapuram District.

4. The Inspector of Police, Ramanathapuram Bazar Police Station, Ramanathapuram District.

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

ORDER

IN CRL OP(MD) No.12714 of 2025 Date :29/07/2025 SBN/29.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6