S. Prakash v. The State Rep By, the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on 04.05.2025, for the offence punishable under Sections 5(l), 5(j)(ii) r/w 6 Page No.1/6 of POCSO Act, 2012 in connection with Crime No.12 of 2025, registered on the file of the respondent, seeks bail.

¶2The petitioner herein was arrested for offence under Sections 5(l), 5(j)(ii) r/w 6 of POCSO Act, 2012. The victim girl is 15 years old child. The statement of the victim recorded by the learned Judicial Magistrate indicates that victim and the petitioner were in love and been in the habit of having intercourse. The victim girl was pregnant at the time of complaint. The offence has come to light when she went to hospital for checkup.

¶3The learned Government Advocate (Crl. Side) states that in this case, investigation has been completed, final report filed before the Special Court for POCSO Offences at Tiruppur and the same was taken on file in Spl.S.C.No.137 of 2025. Hence, he opposed for grant of bail.

¶4Heard both sides and perused the materials available on record. Page No.2/6

¶5Considering the facts and circumstances of the case and the nature of allegations, this Court is inclined to grant bail to the petitioner with certain conditions.

¶6Accordingly, 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 Sessions Judge, Mahalir Neethimandram, (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 attend trial regularly 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 Page No.3/6 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.

21.08.2025 rsi 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. Page No.4/6 To

1.The Sessions Judge, Mahalir Neethimandram, (Fast Track Mahila Court), Tiruppur.

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

3.The Superintendent, Central Prison, Tiruppur.

4.The Public Prosecutor, High Court of Madras. Page No.5/6 Dr.G.JAYACHANDRAN

, J.

rsi

21.08.2025 Page No.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 21.08.2025 CORAM : THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN S.Prakash ... Petitioner/Sole Accused -vs- The State rep. by The Inspector of Police All Women Police Station Dharapuram, Tiruppur. (Crime No.12 of 2025) ...Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending trial in Spl.S.C.No.137 of 2025 on the file of the learned Sessions Judge, Mahalir Neethimandram, (Fast Track Mahila Court), Tiruppur. For Petitioner : Mr.P.Thinesh For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)