Sasikumar v. The State Rep by the Inspector of Police

O R D E R The petitioner, who arrested and remanded to judicial custody on

03.08.2025, for the offences punishable under Section Girl Missing @ Section 5(l), 6, 7 and 8 of POCSO Act, in Crime No.114 of 2025, registered on the file of the respondent, seeks bail.

¶2The case of the prosecution is that the defacto complainant is the father of the victim girl. The petitioner and the victim girl loved each other and both of them eloped and the petitioner committed aggravated penetrative sexual assault against her.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) submitted that the statement of the victim girl was recorded under Section 183 of BNSS wherein it is stated that the girl voluntarily went with the petitioner.

5.The reading of the statement does not make out any ingredients to attract Sections 5(1), 6, 7 and 8 of POCSO Act. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶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 likesum to the satisfaction of the learned Sessions Judge, Mahila Court, Perambalur. [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 appear before the respondent police as and when required for interrogation; [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.

04.09.2025 ari To,

¶1The Learned Sessions Judge, Mahila Court, Perambalur.

¶2The Inspector of Police, Arumbavur Police Station, Perambalur District.

¶3The Sub Jail, Perambalur.

4.The Public Prosecutor, High Court of Madras. 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.

Dr.G.JAYACHANDRAN, J. ari

04.09.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.09.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Sasikumar, M/A 20 years, S/o.Nedunselian, No.13, Kanthasamy koyil Street, Poolambadi, Perambalur District – 621 110. ... Petitioner/Sole Accused /versus/ The State Represented by: The Inspector of Police, Arumbavur Police Station, Perambalur District. (Crime No.114 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, pending investigation of the case in the Crime No.114 of 2025 on the file of the respondent. For Petitioner : Mr.M.Vijaya Ragavan For Respondent : Mr.S.Udaya Kumar. Government Advocate (Crl.Side)