Ayyanar v. The Inspector of Police

ORDER Page No.1/6 The petitioner, who was arrested and remanded to judicial custody on

06.05.2025, for the offence punishable under Sections 75 of Juvenile Justice Care and Protection of Children Act and 9(n), 10 of POCSO Act, 2012 , 7 r/w 8 of POCSO Act, 2012 in connection with Crime No. 14 of 2025, registered on the file of the respondent, seeks bail.

¶2The case of the prosecution is that the petitioner is the father of the minor victim girl. It is alleged that the petitioner sexually harassed the minor victim girl. Hence, a case.

¶3Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 06.05.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4Learned Government Advocate (Crl.side) appearing for the respondent states that in this case, investigation has been completed and final report has been filed. Hence, he opposed for grant of bail. Page No.2/6

¶5Heard both sides and perused the materials available on record.

¶6The father of the minor victim child is the petitioner herein. The petitioner, based on the complaint given by the victim child, arrested on

06.05.2025. The statement of the victim child indicates that the petitioner along with A2 has treated the victim child cruelly, attacked her and caused burn injuries.

¶7Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering the fact that the petitioner has been been in prison for nearly 90 days and investigation is also completed, this Court is inclined to grant bail to the petitioner with certain conditions.

¶8Accordingly, 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 Special Sessions Judge, POCSO Court, Tiruvallur and on further conditions that : [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; Page No.3/6 [b] the petitioner shall report before the learned Special Sessions Judge, POCSO Court, Tiruvallur on every Monday at 10.30am., until further orders and on all hearing dates without fail. [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner 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.

19.08.2025 nr Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court. Page No.4/6

¶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

¶1The Special Sessions Judge, POCSO Court, Tiruvallur

2.The Inspector of Police All Women Police Station Red Hills, Chennai-600 052.

¶3The Superintendent, Puzhal, Central Prison-II

¶4The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN

, J.

nr Page No.5/6

19.08.2025 Page No.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 19.08.2025 CORAM : THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Ayyanar ... Petitioner -vs- The state rep by its The Inspector of Police All Women Police Station Red Hills, Chennai-600 052. ...Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No. 14 of 2025 on the file of the respondent police. For Petitioner : Mr.J.Aswin Raj For Respondent : Mr.L.Baskaran Government Advocate (Crl.side)