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Madras High CourtCRL OP(MD)/17297/2025granted

Thasaratha Boopathi v. The State Of Tamil Nadu

2025-10-14Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Thasaratha Boopathi ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by Its, the Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

Crime No.16 of 2024.

... Respondent/Complainant For Petitioner : Mr. R.Babu Jaganath, Advocate.

For Respondent : Mr.E. Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.16 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 16.08.2024 for the offences punishable under Sections 9(k), 9(p), 5(f), 5(k), 5(l), 5(o), 5(p), 6, 10 of Protection of Children from Sexual Offences Amendment Act, 2012 and U/s. 115(2), 351(2) of BNS, 2023 in Crime No.16 of 2024 in Spl.S.C.No.92 of 2024 on the file of the Sessions Court (Fast Track Mahila Court) Ramanathapurm seeks bail.

2. The case of the prosecution is that the petitioner was running a residential school in the name of Ches Angelin School at Valantharavai Post of Ramanathapuram Distirct. The petitioner is said to have sexually assaulted four children who have mental illnesses. 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 16.08.2024. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the offence committed by the petitioner is serious in nature and in this case trial has already been commenced and hence, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and that the trial has already been commenced 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 Fast Track Mahila Court, Ramanathapuram 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.

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[b] The petitioner shall appear before the Trial Court on all working days at 10:00 a.m., until further orders. Furthermore, the petitioner shall not adopt any dilatory tactics or attempt to tamper with the trial. [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) The petitioner shall not intimidate the victim girl. [f] 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].

[g] If the accused thereafter absconds, a fresh FIR can 4/6

be registered under Section 269 BNS.

(S S Y J) 14.10.2025 TRP TO

1. The Fast Track Mahila Court, Ramanathapuram District

2. Do-Through the Chief Judicial Magistrate, Ramanathapuram District.

3. The Superintendent, District Central Prison, Ramanathapuram.

4. The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.17297 of 2025 Date : 14/10/2025 6/6