Selva @ Selvakumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Lalgudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Selva @ Selvakumar ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, AWPS-Lalgudi, Lalgudi, Trichy District.

Crime No.54 of 2025.

... Respondent/Complainant For Petitioner : Mr. R.Sakthivel Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 54 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 17.10.2025 for the offences punishable under 1/6

Sections 5(1), 5(j)(ii) r/w. 6(1) of POCSO Act, 2012 in Crime No.54 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein is alleged to have committed penetrative sexual assault on the victim, who was aged about 17 years. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that the petitioner is in custody from 17.10.2025. Hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there is a love affair between the petitioner and the investigation of the case is pending and hence, he objected to grant bail to the petitioner.

5. Considering the facts and circumstances of the case, and also 2/6

taking into account the statement of the victim recorded under Section 164 Cr.PC, wherein it is stated that the petitioner asked the victim to marry him 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 separate 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 Sessions Judge, Mahila Court, Trichy District, 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) At the time of executing sureties, the petitioner shall file an undertaking affidavit before the concerned Court that he will marry the victim girl after attaining majority;

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[c] the petitioner shall appear before the respondent Police daily at 10.30 am until further orders; [d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness 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 petitioners 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 18.12.2025 TRP TO 4/6

1. The Sessions Judge, Mahila Court, Trichy District,

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3. The Superintendent, Central Prison, Trichy District.

4. The Inspector of Police, AWPS-Lalgudi, Lalgudi, Trichy District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.23411 of 2025 Date : 18/12/2025 6/6