Kantha Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Sathankulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Kantha Kumar ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Sathankulam Police Station, Thoothukudi District.

(Crime No.211 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Dinesh Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.211 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 07.09.2025 for the offences punishable under Sections 351(2) of BNS r/w 5(1), 5(o) and 6 of POCSO Act 2019 in Crime No.211 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner had committed sexual assault upon the victim girl. 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 07.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that earlier application was dismissed by this Court dated 13.11.2025 for the reason that the investigation is at initial sage. He further submitted that 2/6

now the investigation has been completed and the charge sheet has also been filed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case 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) with two sureties, each for a like sum to the satisfaction of the learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Thoothukudi, 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 not intimidate the victim girl and her family members and shall not enter into the 3/6

school and street of the victim girl. Further, the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[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) 19.12.2025 msrm 4/6

To

1. The learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Thoothukudi,

2. The Superintendent, District Jail, Perurani.

3. The Inspector of Police, Sathankulam Police Station, Thoothukudi 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.22299 of 2025 Date :19.12.2025 6/6