Ramkumar v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Ramkumar, S/o.Gnanaiah, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, AWPS, Alangulam Police Station, Tenkasi District.

(Crime No.29 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Sasi Prabha 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.29 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial 1/6

custody on 30.07.2025 for the offences punishable under Sections 11(1), 12 of POCSO Act and offences under Sections 115(2), 351(2) of BNS, 2023 in Crime No.29 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner had photographed the victim girl and her sister while they were sleeping in bed and he standing naked near the window of the girl's house, calling her by her name in a public place. Hence, the case.

3. The learned counsel for the petitioner would submit that on 14.07.2025, this petitioner standing near Balamurugan temple, at that time, the father of the defactocomplainant questioned the petitioner why you had come here. For which, the defacto-complainant's father called upon four another persons and started attacked this petitioner/A1. This petitioner sustained head injuries. On the very next day, this petitioner preferred complaint before the Kadayam Police station and the same was acknowledged vide reference No.RSR25370610. For the said incident, the defacto-complainant's father developed vengance against this petitioner and he gave a present false complaint through her daughters. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. This 2/6

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 30.07.2025, nearly 20 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally two accused involved in this case, this petitioner is A1 and his brother is arrayed as A2, age of the victim girl is 16 years old. This petitioner sexually harassed the victim and photographed the victim and her sister while they were sleeping in bed. This petitioner also standing naked near the window of the girl's house. This petitioner was caught red handed by the family members of the victim girl and the public, at that time, the A2 who is the brother of A1 went to the place of occurrence and quarrelled with the defacto-complainant. In this case, 183 BNSS statement was recorded form the victim girl. The Cellphone was not recovered by the respondent police. This petitioner also sustained simply injury, he was was admitted in hospital on 16.07.2025 and discharged from hospital on 18.07.2025. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, this petitioner also sustained injury and he 3/6

was admitted in hospital on 16.07.2025 and he was discharged on 18.07.2025, Section 183 BNSS statement was recorded from the victim, by this time most of the investigation might have been completed, there is no previous case against this petitioner, the petitioner/Accused No.1 is in judicial custody from 30.07.2025, 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 sureties, each for a like sum to the satisfaction of learned Principal Sessions Court, Tenkasi 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 Sessions Court, Tenkasi. If the petitioner changes his residential address, he shall report the same to the learned Principal Sessions Court, Tenkasi;

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[c] the petitioner shall stay at Madurai and he shall appear and sign before the Inspector of Police, Thideer Nagar Police Station daily twice at 10.00a.m.and 05.00p.m. for a period of 30 days and thereafter he shall appear and sign before the respondent police at 10.30a.m. until further orders. [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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 19/08/2025 / TRUE COPY / 19/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Principal Sessions Judge, Tenkasi.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, AWPS Alangulam Police Station, Tenkasi District.

4. The Inspector of Police, Thideer Nagar Police Station, Madurai.

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

+1 CC to M/s.K.SASIPRABHA, Advocate ( SR-8957[I] dated 19/08/2025 )

ORDER

IN CRL OP(MD) No.13764 of 2025 Date :19/08/2025 HPS/19.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6