Vignesh @ Vigneshwaran v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Vignesh @ Vigneshwaran ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police PC Patti Police Station, Theni District (Crime No. 326 of 2025).
... Respondent/Complainant For Petitioner : M/s. Karunakaran.K.M., Advocate.
For Respondent : Mr.E. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 326 of 2025 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner / sole accused, who was arrested and remanded to judicial custody on 05.08.2025 for the offences punishable under Sections 351(2) of BNS, 2023 and 11(1), 12, 14(1) and 15 of Protection of Children from Sexual Offences Act, 2012 in Crime No.326 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner herein harassed the victim girl by threatening her that if she would not love him, he would inflict injury to himself. Further, the petitioner intimidated the her to upload the photo taken along with the victim child in the social media. Hence, a case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 05.08.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) submitted that the victim girl is aged 17 years and the investigation of the case is pending and hence, he prayed for dismissal of this petition.
5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration, this court is inclined to grant bail to the 2/5
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 Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Theni, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Theni 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 mobile number to the learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Theni.
(c ) If the petitioner changes his residential address, he shall report the same to the learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Theni.
[d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
[e] the petitioner shall not abscond either during investigation or trial.
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[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 Judge /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.
sd/- 04/09/2025 / TRUE COPY / 04/09/2025 Sub-Assistant Registrar (P.A-I) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 The Principal Special Judge For Exclusive Trial of Cases Under Pocso Act, Theni, 4/5
2 The Superintendent, Central Prison, Madurai.
3 The Inspector of Police PC Patti Police Station, Theni District.
4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-9645[I] dated 04/09/2025 )
ORDER
IN CRL OP(MD) No.13851 of 2025 Date :04/09/2025 AS/04.09.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5