Immanuvel v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Nagercoil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :16.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Immanuvel ... Petitioner/ sole accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District (Crime No.34 of 2025) ... Respondent/Complainant For Petitioner : Mr.V.M.Jegadeesha Pandian For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.34 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 27.06.2025 for the offences punishable under Section 7,8 of POCSO Act, 2012 r/w.351

(2) of BNS in Crime No.34 of 2025 on the file of the respondent police. seeks bail. 1/5

2. The case of the prosecution is that the defacto-complainant is a deserted woman and she is having one daughter who is aged about 13 years old. The defactocomplainant was living together with this petitioner for the past three years. On 01.05.2025, this petitioner misbehaved with the daughter of the defacto complainant. Hence, the case.

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 ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 27.06 2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner misbehaved with the daughter of the defacto complainant , hence he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking in to consideration 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 for a like sum to the satisfaction of the Principal Special Court for Exclusive trial of 2/5

cases under POCSO Act cases, Nagercoil, Kanyakumari District , 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 Principal Special Court for Exclusive trial of cases under POCSO Act cases, Nagercoil, Kanyakumari District [c] If the petitioner changes his residential address, she shall report the same to the Principal Special Court for Exclusive trial of cases under POCSO Act cases, Nagercoil, Kanyakumari District [d] the petitioner shall stay at Madurai and report before the Tallakulam Police Station daily at 10.30 a.m., until further orders. [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 Magistrate/Trial Court is entitled to take appropriate action against the 3/5

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/- 16/09/2025 / TRUE COPY / 16/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

aav To

1. The Principal Special Judge for Exclusive trial of cases under POCSO Act cases, Nagercoil, Kanyakumari District

2. The Superintendent, Central Prison, Palayamkottai

3. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District

4. The Inspector of Police, Tallakulam Police Station, Madurai.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

ORDER

IN CRL OP(MD) No.15411 of 2025 Date :16/09/2025 NBF/16/09/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5