Ajith v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI CRL OP(MD).No.11251 of 2025 Ajith, S/o.Arumugam,

..Petitioner/A2

Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Musiri, Trichy District. (Crime No.17 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Arun Raj,

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.17 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /A2, who was arrested and remanded to judicial custody on

18.04.2025 for the offences punishable under Sections 332(2) BNS, 3(a) r/w 4(1) and 7 r/w 8 of POCSO Act 2012 in Crime No.17 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 17.04.2025 the defacto complainant lodged a complaint alleging that the petitioner had sexually assaulted the victim. Hence, the complaint.

3.The 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. He would further submit that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 18.04.2025 nearly 89 days and the petitioner is not having any previous case. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that the petitioner had sexually assaulted the victim. He would further submit that investigation is almost completed and the statement under Section 183 BNSS was recorded and the medical examination of victim was completed. However, he objected to grant bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the investigation is almost completed and the statement under Section 183 BNSS was recorded and the medical examination of victim was completed and also considering the fact that the petitioner/Accused is in judicial custody from 18.04.2025, 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 Sessions Judge, Mahila Court, Tiruchirappalli 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 Sessions Judge, Mahila Court, Tiruchirappalli. If the petitioner changes his residential address, he shall report the same to the learned Sessions Judge, Mahila Court, Tiruchirappalli; [c] the petitioner shall appear and sign before the respondent police daily i.e.,

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/-

15/07/2025

/ TRUE COPY /

/ /2024

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TO

¶1The Sessions Judge, Mahila Court, Tiruchirappalli.

¶2The Superintendent of Prison, Central Prison, Trichy.

¶3The Inspector of Police, All Women Police Station, Musiri, Trichy District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to K.ARUNRAJ Advocate SR.No.7623

ORDER

IN

CRL OP(MD) No.11251 of 2025

Date :15/07/2025

MGJ (15.07.2025) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023