Perumal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16605 of 2025 Perumal ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Theni All Women Police Station, Theni District.

(Crime No.34 of 2024) ... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja 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 2024 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 18.12.2024 for the offences punishable under Sections 65(1) of BNS and Section 5(n), 5(1) and Section 6 of Protection of Children from Sexual Offences Act, in Crime No.34 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioner allegedly committed sexual assault on the victim girl, who is a minor 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 in judicial custody from 18.12.2024. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the 2/6

charge sheet has been filed.

5. Taking into considerations the fact that the charge sheet has been filed and also considering 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 learned Principal Special Court for Exclusive Trial of Case under POCSO Act, Theni and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. He has to co-operate for the investigation. Further, the petitioner 3/6

shall not disturb the victim girl under any circumstances. [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 is 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) 26.09.2025 jbr 4/6

To

1. The Principal Special Court for Exclusive Trial of Case under POCSO Act, Theni

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Theni All Women Police Station, Theni District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.16605 of 2025 Date : 26.09.2025 6/6