Kithesh Jeganathan v. State Of Tamilnadu Rep By Inspector Of Police, Karimedu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.21703 of 2025

1. Kithesh Jeganathan

2. Janaki ... Petitioners/A-4 & 5

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Karimedu Police Station, Madurai District.

(Crime No.476 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Dinesh For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.476 of 2025 on the file of the respondent police.

1/6

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 194 of BNSS altered into Sections 108 of BNS and 5(j)(ii), 5(1) & 6 of Protection of Child From Sexual Offences Act, , in Crime No.476 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on 06.10.2025 at about 4.00 p.m., the defacto complainant received a phone call stating that her daughter, the deceased, had committed suicide. The defacto complainant also stated that the deceased girl had been in a relationship with one Akash for the past one year. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the 2/6

victim / deceased had committed suicide and that she had been in a relationship with one Akash / A-1 for the past one year.

5. Taking into consideration the facts and circumstances of the case and since the petitioners have complied with the condition imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, Special Court For Exclusive Trial under POCSO Act, Madurai, on condition that the petitioners shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

3/6

(a) the petitioners and 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 petitioners shall report before the respondent police daily at 10.30 a.m until further orders. (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 petitioners 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;

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

(S S Y J) 08.12.2025 jbr 4/6

To

1. The Sessions Judge, Special Court For Exclusive Trial under POCSO Act, Madurai.

2. The Inspector of Police, Karimedu Police Station, Madurai District.

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

5/6

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.21703 of 2025 Date : 08.12.2025 6/6