Karventhan v. The State Rep by the Inspector of Police

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

29.09.2025 for the alleged offence under Section 3(a), 3(d), 4(2) of POCSO Act @ under Section 3(d), 4(2), 5(m), 18, 6(1) of POCSO Act, in Crime No.27 of 2025 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner is known to the family of the victim and taking advantage of the same, the petitioner kidnapped the victim girl and committed aggravated penetrative sexual assault on her and also threatened her with dire consequences. Hence, the present case.

¶3The learned counsel for the petitioner submitted that this is the third bail application filed by the petitioner and that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the investigation was completed and the charge sheet has been filed and the same was taken on file in Spl.S.C. No.252 of 2026 and the case is pending before the Sessions Judge, Fast Track Mahila Court, Tiruppur. However, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6From the submissions made by the learned counsel on either side, it is Page3 of 6 seen that the petitioner has been in judicial custody since 29.09.2025, the charge sheet has already been filed and the case is pending before the Fast Track Mahila Court, Tiruppur. It is further seen that though the case has been adjourned on two occasions, the trial has not yet commenced and no status report has been filed explaining the reason for the delay. Even in the counter affidavit filed by the respondent police, no specific reason has been stated as to why the trial has not been commenced. It is only stated that the case is now posted on 01.09.2026 for examination of LW.1. Considering the nature of the offence, long custody of the petitioner since 29.09.2025, this Court is inclined to enlarge the petitioner on bail on certain conditions.

¶7Accordingly, 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, for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Tiruppur, 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; [b] the petitioner shall report before the Trial Court daily at 10.30 a.m., until further orders; Page4 of 6 [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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-08-2026 DRL 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. Page5 of 6 To

1.The Sessions Judge, Fast Track Mahila Court, Tiruppur.

¶2The Inspector of Police All Women Police Station-Dharapuram, Tiruppur District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras CRLoOPoNo.o22189oofo2026 N.RAMESH,oJ. DRL CRLoOPoNo.o22189oofo2026 24-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Karventhan S/o.Angamuthu, No.58/3, Ramanuja Naidu Street, New Town Podanur, Coimbatore South. Now residing at, No.3/1-D, Dhamodarasamy Lay out, Neelikonampalayam, Singanallure, Coimbatore. ..Petitioner(s) Vs The State rep by the Inspector of Police All Women Police Station-Dharapuram, Tiruppur District. Crime No.27 of 2025. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.27 of 2025 on the file of the respondent police For Petitioner(s): M/s. J.Franklin For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)