Crl.O.P.No.23532 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.09.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23532 of 2025 P.Emanathan, M/39 years, S/o.Late Ponnusamy, No.2/403, Perumalkoil Street, Athipedu Colony, Azhinjivakkam, Thiruvallur District. ... Petitioner/Accused /versus/ The State Represented by: The Inspector of Police, M4, All Women Police Station, Redhills. ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail relating to Crime No.32 of 2025 on the file of M4, All Women Police Station, Redhills, pending investigation. For Petitioner : Mr.G.Vasanthakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23532 of 2025 O R D E R The petitioner, who arrested and remanded to judicial custody on 29.07.2025, for the offences punishable under Sections 11(i), 11(iv) read with Section 12 of POCSO Act, 2012, in Crime No.32 of 2025 registered on the file of the respondent, seeks bail. 2. The case of the prosecution is that based on the complaint given by Sumithra, the mother of the minor child, it is alleged that this petitioner living in neighbouring house, been videographed the daughter of the defacto complainant while she was taking bath. 3. The learned Counsel for the petitioner submits that the petitioner and the defacto complainant are relatives and there is a civil dispute is pending between them. It is contended that, to wreak vengeance, false complaint been registered. 4. In the counter filed by the learned Government Advocate (Crl.Side) for the respondent, it is stated that the cellphone of the petitioner was seized, but nothing incriminating found on it. However, in order to rule out 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23532 of 2025 whether the accused has deleted the videographed, the said cellphones has been sent for Forensic Laboratory for examination. Only after receipt of the report from the Forensic laboratory, the truth about the allegation will come to light. 5. Considering the nature of the offence, this Court is of the view that the confinement of the petitioner in prison is not necessary. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the learned Sessions Judge Special Court for exclusive Trial of Cases under POCSO Act, Thiruvallur. [a] The sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23532 of 2025 [b] The petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.09.2025 bsm To, 1. The Sessions Judge Special Court for Exclusive Trial of cases under POCSO Act, Thiruvallur, 2. The Inspector of Police, M4, All Women Police Station, Redhills. 3. The Superintendent, Central Prison, Puzhal. 4.The Public Prosecutor, High Court of Madras. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23532 of 2025 Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.23532 of 2025 Dr.G.JAYACHANDRAN, J. bsm Crl.O.P.No.23532 of 2025 03.09.2025 6/6 https://www.mhc.tn.gov.in/judis