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2025 DAILYLAW 10544 (MAD)

Mano v. The State by

CRL OP/204/2025 · 2025-01-08

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

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Crl.O.P.No.204 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-01-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 204 of 2025 Mano S/o.Kumar, No.61,Perumal Koil Street, Vadathandalam, Augavur, Tiruvannamalai District, Tamil Nadu - 604 407. Petitioner(s) Vs The State by The Sub-Inspector of Police, AWPS Cheyyar, Thiruvannamalai District, Crime No. 29 of 2024. Respondent(s) For Petitioner(s): Mr.Anbharasu A For Respondent(s): Mr.S.Santhosh Government Advocate (Crl.Side) ORDER Apprehending arrest in connection with Crime No.29 of 2024 registered for the offences punishable under Sections 5(1), 5(n), 5(j)(ii) and 6(1) of Protection of Child from Sexual Offences Act, 2012, the present petition has been filed seeking anticipatory bail. Page 1 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.204 of 2025 2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that the petitioner and the victim without understanding the consequences had physical relationship, due to which, the victim become pregnant. He would submit that the petitioner is ready to co-operate for the investigation. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. 3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for the grant of anticipatory bail is that, the victim is 15 years old and the petitioner is 22 years old, out of love affair, the petitioner and the victim girl had physical relationship, due to which, the victim became pregnant. He would submit that the statement under Section 183 of BNSS was recorded from the victim girl. He would further submit that there is no previous case against the petitioner. 4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, including the statement under Section 183 of BNSS recorded from the victim girl, this court is inclined to grant anticipatory https://www.mhc.tn.gov.in/judis Crl.O.P.No.204 of 2025 bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cheyyar, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m, until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial; [e] On breach of any of the aforesaid conditions, the https://www.mhc.tn.gov.in/judis Crl.O.P.No.204 of 2025 A.D.JAGADISH CHANDIRA , J. dsn 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 of B.N.S. 08.01.2025 dsn Crl.O.P.No.204 of 2025 08.01.2025 https://www.mhc.tn.gov.in/judis