Crl.O.P.No.32629 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.01.2025 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.32629 of 2024 Deepak ... Petitioner Vs. The State represented by, The Inspector of Police, Aanaikaranchatram Police Station, Mayiladuthurai District. (Crime No.359 of 2024). ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.359 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Ms.C.Neethimozhi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R Petition seeking bail in respect of Crime No.359 of 2024 registered for the offences punishable under Sections 8 r/w Section 7 of POCSO Act and Section 448, 384, 506(i) of IPC and Section 67 of Information Technology Act, is 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32629 of 2024 on board for consideration. 2. The incarceration of the petitioner being from 07.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner and the victim girl were known to each other and they were friends for a long time as they were earlier studying in the same school and that the parents of the victim girl were against their relationship and they compelled the victim girl to sever the relationship and later, a false complaint was given against the petitioner. He would submit that earlier, a complaint was given to the respondent and the petitioner was called for an enquiry and he also moved an anticipatory bail petition before this Court in Crl.O.P.No.17476 of 2024. During such time, it was reported by the respondent police that the enquiry was conducted in CSR and closed, thereby, the anticipatory bail petition was also closed therein. However, later, an exaggerated false complaint was given as if the petitioner has taken the jewels from the house of the victim girl. He submits that even as per the prosecution, 25 sovereigns of jewels are said to have been recovered. He also submits that even the statement of the victim girl recorded under Section 183(5) BNS shows that there is no allegation of any penetrative 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32629 of 2024 sexual assault. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. Hence, he prayed for bail. 3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused induced the minor victim girl, aged about 16 years and developed friendship with her and later, took intimate photos with her and later, he threatened her that he would upload her intimate photos in social media and took 62 sovereigns of jewels from the victim's house and also cheated her. 4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, including the statement of the minor victim girl under Section 183(5) of BNSS and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Sirkali, Mayiladuthurai District, and on further 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32629 of 2024 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 stay at Chennai and report before the Inspector of Police, C2 Elephant Gate Police Station, George Town, Chennai everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 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. 09.01.2025 Anu 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32629 of 2024 To 1. The Judicial Magistrate, Sirkali, Mayiladuthurai District 2. The Inspector of Police, Aanaikaranchatram Police Station, Mayiladuthurai District. 3. The Inspector of Police, C2 Elephant Gate Police Station, George Town, Chennai 4. The Superintendent, District Jail, Nagapattinam 5. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32629 of 2024 A.D.JAGADISH CHANDIRA., J. Anu Crl.O.P.No.32629 of 2024 09.01.2025 6/6 https://www.mhc.tn.gov.in/judis