Marimuthu v. The State Rep By, the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

01.12.2025 for the alleged offences under Sections 7 and 8 of Protection of Child from Sexual Offences Act and Section 351 (2) of the Bharatiya Nyaya Sanhita, in Crime No.36 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner attempted to commit sexual assault on the seventeen years old victim when she was alone at her home. Hence the case. Page2 of 4

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 01.12.2025. He further stated that the Chief and cross-examination of P.W.1 were completed on 21.04.2026 and to substantiate the same, a certified copy of the deposition has been submitted before this Court. He further submitted that the petitioner is suffering from Chronic thrombosis of splenic vein and Chronic calcific pancreatitis with pseudocyst formation. Hence, he prays to grant bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, produced the victim's statement recorded under Section 183 of the BNSS. Hence, he opposed for grant of bail to the petitioner.

5.On perusal of the statement recorded under Section 183 of the BNSS, it is seen that there are certain allegations of sexual assault by way of inappropriate touch. Although the allegations are serious, considering the submissions made by the learned counsel for the petitioner regarding the petitioner's medical conditions, the fact that the victim has already been examined in chief and cross, and that the petitioner has been incarcerated since

01.12.2025, this Court is of the firm view that his further custody is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. Page3 of 4

¶6Accordingly, 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 like sum to the satisfaction of the learned Sessions, Magalir Neethimandram (Fast Track Mahila Court) Tiruppur, and subject to the following conditions: [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; [b] the petitioner shall report before the trial Court daily 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 the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; Page4 of 4

C.KUMARAPPAN, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 08-07-2026 ep Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. To

1.Sessions, Magalir Neethimandram (Fast Track Mahila Court) Tiruppur.

2.The Superintendent of Prison, Central Prison, Coimbatore.

3.The Inspector of Police Avinashi AWPS, Tiruppur.

4.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Marimuthu ..Petitioner(s) Vs The State Rep By, The Inspector of Police Avinashi AWPS, Tiruppur. Crime No.36 of 2025. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail connection with Spl.SC.No.305 of 2025 pending on the file of the Sessions, Magalir Neethimandram (FTMC) at Tirupur. For Petitioner(s): Mr.G.Santhanu For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )