Hari @ Harish v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Hari Alias Harish ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, All Women Police Station, Nilakkottai Dindigul District.

(Crime No.228 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Prabhu Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail Spl.S.C.No.76 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul along with Crime No.228 of 2024 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 25.02.2025 for the offences punishable under Sections 366(A) IPC and under sections 9 of Prohibition of Child Marriage Act and 5(n), 3, 4 POCSO Act 2012, in Spl.S.C.No.76 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul along with Crime No.228 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and victim girl were loved in each other and the petitioner had sexually intercourse with 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 25.02.2025. Hence, he seeks bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner and the investigation has been completed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact it is love affair and the investigation has been completed and also 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 Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul, 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.

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[b] the petitioner shall report before the respondent police as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 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.

(S S Y J) 22.09.2025 msrm 4/6

To

1. The Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul.

2. The Superintendent, District Prison, Dindigul.

3. The Inspector of Police, All Women Police Station, Nilakkottai Dindigul District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.15798 of 2025 Date :22.09.2025 6/6