Rajagopal v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Rajagopal ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Sakkottai Police Station, Sivagangai District.

(Crime No.124 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.124 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/5

25.05.2025 for the offences punishable under Sections 137(2), 351(3) of BNS and Section 5(1) 5(j)(ii) r/w. Section 6 of POCSO Act, 2012, in Crime No.124 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the victim girl were in a love affair. The petitioner committed penetrative sexual assault on her, as a result of which she became pregnant. Hence, the complaint.

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 in judicial custody from 25.05.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the victim girl is 17 years old. He further submitted that the petitioner committed penetrative sexual assault on her, as a result of which she became pregnant. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, 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 2/5

for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases Under POCSO Act, Sivagangai, 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 mobile number to the learned Special Court for Exclusive Trial of Cases Under POCSO Act, Sivagangai.

[c] If the petitioner changes his residential address, she shall report the same to the learned Special Court for Exclusive Trial of Cases Under POCSO Act, Sivagangai.

[d] the petitioner shall report before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

[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 3/5

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.

sd/- 02/09/2025 / TRUE COPY / 02/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr To

1. The Special Judge for Exclusive Trial of Cases Under POCSO Act, Sivagangai.

2. The Officer In-charge , Sub Jail, Sivagangai.

3. The Inspector of Police, Sakkottai Police Station, Sivagangai District.

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

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ORDER

IN CRL OP(MD) No.14016 of 2025 Date :02/09/2025 HPS/02.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5