Sathish v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-10-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 18166 of 2025 Sathish Petitioner(s) Vs The State of Tamil Nadu Rep by, The Inspector of Police, All Women Police Station, Tenkasi, Tenkasi District.
Cr.No.19 of 2025.
Respondent(s) For Petitioner(s): Mr.R.J.Karthick For Respondent(s): Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer:
C-58B. For Bail in Cr.No.19 of 2025 on the file of the respondent police.
ORDER
The petitioner/Accused No.1 , who was arrested and remanded to judicial custody on 08.09.2025 for the offences punishable under Sections 5(i), 5(j)(ii) and 6 of POCSO Act, 2012 in Crime No.19 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the victim girl were in a love relationship. The 2nd accused misused the victim girl and threatened with dire consequences. Hence, this case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 08.09.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending. Further, on 16.10.2025, the victim girl has delivered a baby and the petitioner / 1st accused is denying the paternity.
5.Considering the facts and circumstances and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain 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 Sessions Judge, Tenkasi, and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar 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;
c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 of BNS.
17-10-2025 Tmg To
1. The Inspector of Police, All Women Police Station, Tenkasi.
2. Principal Sessions Judge, Tenkasi.
3.Central Jail, Palayamkottai, Tirunelveli.
4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court,
Madurai.