Maheshwaran v. State Of Tamilnadu Rep By Inspector Of Police, Palani Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Maheshwaran ... Petitioner/ sole accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Palani Town Police Station, Palani, Dindigul District (Crime No.449 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Karthikeyan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.449 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 19.07.2025 for the offences punishable under Sections 87 of BNS and Section 7 r/w.8 of POCSO Act in Crime No.449 of 2025 on the file of the respondent police. seeks bail.

2. The victim is aged about 13 years and she used to chat with the accused through instagram. The accused is working as a decorator in Chennai and the accused grand mother's house is nearby the victim's house . On 13.07.2025 when the accused came to his grand mother's house the victim called and asked him to park and while they were chatting in park the accused hugged and kissed her and they went to Trichy and Palani. 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 2/6

this Court and he is in judicial custody from 19.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that petitioner herein kissed and hugged , hence he opposed for grant of bail to the petitioner. However he fairly concedes that it is a case of love affair

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 also the fact that no previous case is pending against 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 Special Court for trial of cases under the POCSO Act, Dindigul, and on further conditions that :- 3/6

[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 Special Court for trial of cases under the POCSO Act, Dindigul [c] If the petitioner changes his residential address, he shall report the same to the Special Court for trial of cases under the POCSO Act, Dindigul [d] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. [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 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].

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

17.09.2025 aav To

1. The Special Court for trial of cases under the POCSO Act, Dindigul

2. The Superintendent, Sub Jail, Dindigul

3. The Inspector of Police, Palani Town Police Station, Palani, Dindigul District

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

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S.SRIMATHY,J.

aav

ORDER

IN CRL OP(MD) No.15456 of 2025 Date :17.09.2025 6/6