Sudhakar @ Sudhakaran v. The State Of Tamilnadu Rep.By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18984 of 2025 Sudhakar @ Sudhakaran ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep., by the Inspector of Police, All Women Police Station, Orathanadu, Thanjavur District.

(Crime No.27 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Pragadeesh Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.27 of 2025 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 12.10.2025 for the offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, in Crime No.27 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl is studying in XI Standard and when she was travelling in a Government bus, the conductor of the bus misbehaved 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 offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 12.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl. Side) has produced the 164 statement recorded from the victim girl. He further submitted that the petitioner has no previous case and charge sheet has also been filed. Hence, he opposed for grant of bail to the petitioner. 2/4

5. Reading of 164 statement of the victim girl reveals that it is bad touch and the petitioner had done twice. Considering the nature of offence and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the some 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) each with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Thanjavur, 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 trial Court as and when required by the trial Judge; [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;

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S.SRIMATHY,J.

PJL [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.

05.11.2025 PJL To

1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur.

2. The Superintendent, District Jail, Pudukottai.

3. The Inspector of Police, All Women Police Station, Orathanadu,Thanjavur District.

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

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