Gopinath, v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Palayamkottai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Gopinath ... Petitioner Vs The State of Tamil Nadu Rep. by the Inspector of Police, AWPS-Palayamkottai, Tirunelveli City.
(Crime No.24 of 2025) ... Respondent/Complainant For Petitioner : Mr.Aayiram K Selvakumar For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.24 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(l), 6 POCSO Act, 67 of IT Act and 506(i) of IPC, in Crime No.24 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/6
2. The case of the prosecution is that the petitioner by showing the obscene video of the victim minor girl/defacto complainant and sexually abused her on false promise to marry her and still now the petitioner has the video and threatened the victim girl with dire consequences
3. The learned counsel for the petitioner submitted that the victim girl is the cousin sister of the petitioner and already the victim girl was forcibly involved in sexual harassment by her own mother and elder sister and another third party. At that time, the petitioner helped the victim girl and lodged a complaint before the respondent police against them and the said case was charge sheeted and taken on file in Spl.C.C.No.146/2025 on the file of the Special Court for POCSO Act Cases, Tirunelveli. Hence, as a counter case, the victim's mother and sister instigated the victim girl to lodge the present false complaint against the petitioner. He further submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case and the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the 2/6
petitioner.
4. The learned Government Advocate (Criminal Side) submitted that charge sheet has been filed and the petitioner is having no previous cases. However, he opposed for grant of anticipatory bail to the petitioner.
5. The petitioner herein has helped the victim in other case and now the victim has turned around and made allegations against the petitioner and the victim is only 15 years old and hence, POCSO Act was invoked against the petitioner. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute 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 Sessions Judge, Special Court for POCSO Act Cases, 3/6
Tirunelveli, within a period of fifteen days from the date of receipt of a copy of this order 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 concerned trial Court daily at 10.30 a.m., for a period of one week and thereafter, as and when required and for all hearing dates without fail;
[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 4/6
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]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
27.10.2025 PJL To 1.The Sessions Judge, Special Court for POCSO Act Cases, Tirunelvlei.
2.The Inspector of Police, AWPS-Palayamkottai, Tirunelveli City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN 27.10.2025 6/6