Kathirvel v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Kathirvel ... Petitioner/ Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

(Crime No.20 of 2025) ... Respondent/Complainant For Petitioner : M/s.R.Yamuna For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.20 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/5

The petitioner, who was arrested and remanded to judicial custody on 19.08.2025 for the offences punishable under Sections 5(1) r/w. 6, 15, 7 r/w. Section 8, 16 r/w. 17 of POCSO Act, 2012, in Crime No.20 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that A-1 and A-2 had sexual intercourse with the victim girl and thereafter, A-1 captured the nude screenshot of the victim and threatened her mother/A-3. 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 19.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner and A-2 committed sexual assault on the victim. Therefore, he opposed for grant of bail to the petitioner.

5. Considering the nature of statement under Section 164 of CR.P.C., given by 2/5

the victim girl reveals a previous enmity between the petitioner and the defacto complainant and also considering the fact that the petitioner is in judicial custody from 19.08.2025, 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, Virudhunagar District at Srivilliputhur, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall stay at Trichy and report before the Inspector of Police, Contonment Police Station, daily at 10.30 a.m, until further orders. He has to co-operate for the investigation. 3/5

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

[d] the petitioner shall not abscond either during investigation or trial.

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

sd/- 08/09/2025 / TRUE COPY / 08/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr 4/5

To

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

2. The Officer In-charge, District Prison, Virudhunagar.

3. The Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

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

Copy To The Inspector of Police, Trichy Contonment Police Station, Trichy.

+1 CC to M/s.R.YAMUNA, Advocate ( SR-9670[I] dated 08/09/2025 )

ORDER

IN CRL OP(MD) No.14498 of 2025 Date :08/09/2025 HPS/08.09.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5