Kannisamy v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Kannisamy ... Petitioner/ Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, AWPS Police Station Sattur Police Station, Virudhunagar District (Crime No.10 of 2023) ... Respondent/Complainant For Petitioner : Mr.S.Maya Perumal For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.10 of 2023 on the file of the respondent police.

1/6

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 10.10.2024 for the offences punishable under Sections 452,376(3) of IPC and Section 5(j)(ii) r/w.6 of POCSO Act in Crime No. 10 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that A1 trespassed into the house of the victim and sexually assaulted the victim . Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 10.10.2024. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that A1 trespassed into the house of the victim and sexually assaulted the victim , hence he opposed for grant of bail to the petitioner. He would further 2/6

submit that investigation has been completed and final report has been filed before the concerned Court and A1 in this case was released on bail.

5. Taking into consideration of the facts and circumstances of the case and also taking in to consideration the period of incarceration suffered by the petitioner and also the fact that investigation has been completed and final report filed before the Court and A1 in this case was released on bail, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for POCSO Act Cases, Srivilliputhur, Virudhunagar District , 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 3/6

and mobile number to the Sessions Judge, Special Court for POCSO Act Cases, Srivilliputhur, Virudhunagar District [c] If the petitioner changes his residential address, he shall report the same to the Sessions Judge, Special Court for POCSO Act Cases, Srivilliputhur, Virudhunagar District [d] the petitioner shall report before the trial Court on all working days at 10.30 a.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] 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].

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

17.09.2025 aav 4/6

To

1. The Sessions Judge, Special Court for POCSO Act Cases, Srivilliputhur, Virudhunagar District

2. The Superintendent, District Jail, Virudhunagar

3. The Inspector of Police, AWPS Police Station Sattur Police Station, Virudhunagar District

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

5/6

S.SRIMATHY,J.

aav

ORDER

IN CRL OP(MD) No.13635 of 2025 Date :17.09.2025 6/6