Andi @ Andiyappan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :18.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Andi @ Andiyappan ... Petitioner/ sole Accused Vs The State of Tamil Nadu, Rep by the Sub Inspector of Police, All Women Police Station, Pudukottai Pudukottai District (Crime No.9 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Palaniyandi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.9 of 2025 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 14.08.2025 for the offences punishable under Sections 483 of BNS r/w.Section 5(k),5(n) r/w.6(1) of POCSO Act, in Crime No.9 of 2025 on the file of the respondent police. seeks bail.
2. The case of the prosecution is that the defacto complainant had three female children and her 3rd daughter/victim girl is aged about 17 years and she had completed her +2 and she is slightly a mentally challenged girl. On 06.07.2025, the defacto complainant went to her cooli work and victim girl alone was in their newly constructed house, at that time, the petitioner entered into that house and sexually assaulted the victim girl and which was noticed by the female lamb shepherd and reported to the defacto complainant. Hence, the defacto complainant has given a complaint before the respondent police.
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 2/6
ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 14.08.2025. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner entered into the house of the defacto complainant and sexually assaulted the victim girl, 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 into consideration the period of incarceration suffered by the petitioner and also taking into consideration the fact that the statements of the victims have been recorded and investigation is almost completed, 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 3/6
Sessions Judge, Mahila Court, Pudukottai, Pudukottai 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 Sessions Judge, Mahila Court, Pudukottai, Pudukottai District [c] If the petitioner changes his residential address, he shall report the same to the learned Sessions Judge, Mahila Court, Pudukottai, Pudukottai District [d] the petitioner shall stay at Tirunelveli and report before the Inspector of Police, Perumalpuram Police Station daily at 10.30a.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. 4/6
[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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
18.09.2025 aav To
1. The Sessions Judge, Mahila Court, Pudukottai, Pudukottai District
2. The Superintendent, District Prison, Pudukottai
3. The Inspector of Police, All Women Police Station, Pudukottai Pudukottai District
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
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ORDER
IN CRL OP(MD) No.15524 of 2025 Date :18.09.2025 6/6