Gokulakrishnan v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 16.07.2025 Delivered on : 24.07.2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Gokulakrishnan, S/o.Nagarajan ,

:Petitioner/A1

Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District. (Crime No.3 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Mouriasekaraprabhu, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.3 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /A1, who was arrested and remanded to judicial custody on

28.04.2025 for the offences punishable under Section 5(l), 6, 13, 14(1),15(1) and 17 of Protection of Child from Sexual Offences Act, 2012 and Sections 65 and 67 of Information Technology Act 2000, in Crime No.3 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the victim girl, who is minor, loved each other and the petitioner had sexual intercourse with her and the same has been videographed by the victim girl. Thereafter, the victim girl sent the videos to the first accused. Subsequently, there arose some misunderstanding between the first accused and the victim girl, due to which, the first accused uploaded the videographs sent by the victim on instagram page. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the videos uploaded in the instagram page were removed and the petitioner is in custody from 28.04.2025 for more 85 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that the petitioner and the victim girl loved each other. The petitioner had sexual intercourse with her and the same has been videographed by the victim girl. Thereafter, there arose quarrel between them due to which, the petitioner has uploaded the videographs on instagram page. He would further submitted that the investigation has already been completed and charge sheet has also been filed through e-filing. He would also submit that the videos uploaded in the instagram page has been removed.

¶5Taking into consideration of the facts and circumstances of the case and also taking note of the fact that it is a case of love affair. Even in the FIR, the victim only has taken the videograph and sent it to the first accused and also considering the fact that the videogrpah uploaded in the instagram has been removed and the investigation has been completed, charge sheet has also been filed through e-filing and also the fact that the petitioner/accused remanded into judicial custody on

28.04.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judge, Mahila Special Court for Exclusive Trial of cases under POCSO Act, Madurai 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 furnish his residential address and contact number to the learned Judge, Mahila Special Court for Exclusive Trial of cases under POCSO Act, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judge, Mahila Special Court for Exclusive Trial of cases under POCSO Act, Madurai; [c] the petitioner shall appear and sign before the respondent police daily at

10.00 a.m. 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 24/07/2025

/ TRUE COPY / /07/2025

Sub-Assistant Registrar (C.S.-I/ II /III/ IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. das TO

1.The Judge, Mahila Special Court for Exclusive Trial of cases under POCSO Act, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.MOURIASEKARAPRABHU, Advocate ( SR-7970[I] dated 24/07/2025 ) ORDER IN CRL OP(MD) No.9671 of 2025 Date :24/07/2025

PS/SAR.25.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023