Deepak v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Deepak ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, All Women Police Station, Papanasam, Thanjavur District.

(Crime No.15 of 2024) ... Respondent/Complainant For Petitioner : Mr.K.A.S.Prabhu Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.15 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 04.06.2024 for the offences punishable under Sections 450 IPC , 3(a), 4(1), 4(2) of POCSO Act, in Crime No.15 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had kidnapped the minor victim girl and tried to misbehave 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 04.06.2024. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner was detained under the Goondas Act and the same was 2/6

revoked. 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 the trial was commenced and cross examination is over 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 learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur, 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 appear before the respondent police daily at 10.30 a.m., until further orders. Further, the petitioner shall not enter into the 3/6

streets and schools of the victim girl and he shall not intimidate the victim and her family members. [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) 10.12.2025 msrm 4/6

To

1. The learned Principal Special Court For Exclusive Trial of Cases under POCSO Act, Thanjavur.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, All Women Police Station, Papanasam, Thanjavur 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.18206 of 2025 Date :10.12.2025 6/6