Mukesh v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Mukesh ... Petitioner/Sole Accused Vs The State of Tamil Nadu The Inspector of Police, All Women Police Station, Jeeyapuram, Tiruchirappalli District.

(Cr.No.45 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Kasirajan For Respondent : M/s.M.Aasha Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.45 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 11(4), 12 of the Protection of Child from Sexual Offences Act 2012, in Crime No.45 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had misbehaved with the victim girl. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that there is no previous case pending against the petitioner. He further submitted that there was a money dispute between the defacto complainant and the petitioner, a false case has been registered as against the petitioner. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner. However, she opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there is no case pending against the petitioner, 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 his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, Mahila Court, Tiruchirappalli, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Sessions Judge, Mahila Court, Tiruchirappalli, and on further conditions that: (a) the petitioner and the sureties shall affix 3/6

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 furnish his residential address and mobile number to the learned Sessions Judge, Mahila Court, Tiruchirappalli. In the event of any change in his residential address, the petitioner shall report the same to the learned Sessions Judge, Mahila Court, Tiruchirappalli;

(c) the petitioner shall stay at Madurai and report before the Inspector of Police, Thallakulam Police Station, Madurai District, daily at 10.30.a.m., until further orders;

(d) the petitioner shall not intimate the victim girl and also shall not enter into the street, home and school of the victim.

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is 4/6

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]; and;

(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 12.11.2025 ebsi TO

1. The learned Sessions Judge, Mahila Court, Tiruchirappalli.

2. The Inspector of Police, All Women Police Station, Jeeyapuram,Tiruchirappalli District.

3. The Inspector of Police, Thallakulam Police Station, Madurai District.

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

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S.SRIMATHY,J.

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