Sudalaimani v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Srivaikundam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :16.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sudalaimani ... Petitioner/ sole accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District (Crime No.11 of 2025) ... Respondent/Complainant For Petitioner : Mr.Ka. Raamakrishnan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.11 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 24.03.2025 for the offences punishable under Sections 64,332 and 351(2) of BNS in Crime No.11 of 2025 on the file of the respondent police. seeks bail. 1/5
2. The case of the prosecution is that 23.03.2025 at about 5.30 pm., when the victim girl who is a disabled was alone in the house the petitioner trespassed into house and had penetrative sexual assault on her. 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 ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 24.03.2025. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that when the victim girl who is a disabled was alone in the house the petitioner trespassed into house and had penetrative sexual assault on her, hence he opposed for grant of bail to the petitioner. However he fairly concedes that the investigation has been completed and final report has been filed before the concerned Court.
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 and also the fact that the investigation has been completed and the case is pending committal proceedings, 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 2/5
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 Judicial Magistrate No.I, Srivaikundam, Thoothukudi 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 learned Judicial Magistrate No.I, Srivaikundam, Thoothukudi District [c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Srivaikundam, Thoothukudi District [d] the petitioner shall stay at Villupuram and report before the Villupuram Town 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 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/- 16/09/2025 / TRUE COPY / 16/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
aav TO 1 The Judicial Magistrate No.I, Srivaikundam. 2 Do Through the Chief Judicial Magistrate, Thoothukkudi District. 3 The Superintendent, District Jail, Perurani. 4 The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukkudi District.
5 The Inspector of Police, Villupuram Town Police Station, Villupuram. 6 The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. 4/5
ORDER
IN CRL OP(MD) No.15321 of 2025 Date :16/09/2025 NBF/16/09/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5