IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.02.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.5233 of 2025 Anburaj ...Petitioner/Accused Vs. State rep by The Inspector of Police, All Women Police Station, Thiruthuraipoondi, Thiruvarur District. (Crime No.1 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.1 of 2025 on the file of the respondent police. For Petitioner : Mr.N.Palanivel For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) ORDER This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.02.2025, seeking bail Page No.1 of 6 https://www.mhc.tn.gov.in/judis in Crime No.1 of 20255 registered for the offence under Sections 74, 329(3), 115(2), 351(2) of BNS and Section 7 r/w Section 8 of POCSO Act. 2.It is the case of the prosecution that the petitioner and the victim girl were neighbours; that the petitioner had waylaid the victim and thereafter inserted his hand into the school dress of the victim and touched her breast and when the victim attempted to escape, the petitioner tried to strangulate her. Hence, the case. 3.The learned counsel for the petitioner would submit that the allegations are false; that the petitioner and the victim are lovers and the complaint has been lodged at the instance of the victim's mother and in any case, considering the nature of allegations and the period of incarceration, the petitioner may be released on bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and produced a copy of the statement of the victim recorded under Section 183(5) of BNSS. Page No.2 of 6 https://www.mhc.tn.gov.in/judis 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record. 6.On perusal of the statement of the victim recorded under Section 183(5) of BNSS suggests that the petitioner had committed sexual assault on the victim girl. 7.Considering the nature of allegations and the period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions: 8.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 Fast Track Mahila Court, Tiruvarur, 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; Page No.3 of 6 https://www.mhc.tn.gov.in/judis [b] the petitioner shall stay at Chennai and report before the Flower Bazaar Police Station, 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 B.N.S. 26.02.2025 ata Page No.4 of 6 https://www.mhc.tn.gov.in/judis Copy to: 1.The Inspector of Police, All Women Police Station, Thiruthuraipoondi, Thiruvarur District. 2.The Fast Track Mahila Court, Tiruvarur. 3.District Prison, Nagapattinam. 3.The Public Prosecutor, High Court, Madras. Page No.5 of 6 https://www.mhc.tn.gov.in/judis SUNDER MOHAN, J. ata Crl.O.P.No.5233 of 2025 26.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis