Ganesh v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Alangulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :25.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.21333 of 2025 Ganesh ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, AWPS-Alangulam, Tenkasi District.

(Crime No.49 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Arputharaj For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.49 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 11.11.2025 for the offences punishable under Sections 11(1) and 12 of POCSO Act, in Crime No.49 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim is 16 years old girl and the petitioner constructing a house opposite to the victim's house and the allegation against the petitioner is the petitioner repeatedly shown his private part to the victim girl. Hence, the present case.

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 in judicial custody from 11.11.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases and investigation is yet to be completed. However, he opposed for grant of bail to the petitioner. 2/6

5. Taking into consideration of the facts and circumstances of the case and considering the nature of offence and also considering 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangulam, Tenkasi District, 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 stay at Trichy and report before the Inspector of Police, Cantonment Police Station, Trichy, daily at 10.30 a.m., for a period of two weeks and shall report before the respondent police daily at 10.30 a.m, until further orders;

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[c] further, the petitioner shall not enter into the street, home, or educational institution or working place of the victim girl;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

[f] 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];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

25.11.2025 PJL To

1. The Judicial Magistrate, Alangulam, Tenkasi District.

2. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

3. The Inspector of Police, AWPS-Alangulam, Tenkasi District.

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

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.21333 of 2025 Date :25.11.2025 6/6