Rajapandi @ Karuthapandi v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Rajapandi @ Karuthapandi ..Petitioner/ Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai.
(Crime No.10 of 2025) .. Respondent/Complainant For Petitioner : M/s.S.Kannan 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 2025 on the file of the Respondent Police. 1/5
ORDER : This Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 10.04.2025 for the offences punishable under Sections 11(1), 11(3), 11(4), 12 of POCSO Act and SEction 66E, 67 and 67B of IT Act and Section 351(3) of BNS, in Crime No.10 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the victim girl is aged about 17 years, studying 12th standard. The petitioner / accused created a fake Instagram ID in the name of the victim girl and used her profile photo and sent vulgar words to her. On 23.03.2025 without permission of the victim girl, the petitioner /accused morphed her photo and blackmailed the victim that he will upload the same in social media. The petitioner has also made video call to the victim girl and behaved in a bad manner. Hence, an FIR has been registered against the petitioner. Hence, the petition.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent. He has not committed any offence as alleged by the prosecution. This petitioner is no way connected with this case. 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 10.04.2025 nearly 134 days. Hence, he seeks bail.
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4. The learned Government Advocate (Criminal Side) would submit that the allegations against the petitioner are very serious in nature. Charge sheet has been filed and the case was taken on file in Spl.S.C.No.130 of 2025 before the Special Court for Exclusive Trial of cases under POCSO Act, Madurai. The cell phone of the petitioner was also recovered. No previous case is pending against the 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 the petitioner was arrested on 10.04.2025 he is in custody for more than 134 days and also the fact that investigation is completed and final report was also filed and the same was taken on file in Spl.S.C.No.130 of 2025 before the Special Court for Exclusive Trial of cases under POCSO Act, Madurai, 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 Special Court for Exclusive Trial of Cases under POCSO Act, Madurai, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/5
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, Madurai. 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, Madurai;
[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00 p.m., except the date of hearing before the trial Court, until further orders. On the hearing dates, the petitioner shall appear before the concerned Court without fail.
[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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/5
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 22/08/2025 / TRUE COPY / 22/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn TO
1. The Principal Special Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Madurai
2. The Superintendent, Central Prison, Madurai.
3.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.13954 of 2025 Date :22/08/2025 SBN/22.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5