M. Lakshman vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 11.07.2025 for the offences punishable under Section 7 r/w 8 of POCSO Act 2012 and Section 351(2), 332 of BNS in Crime No.39 of 2025, registered on the file respondent police, seeks bail.

The case of the prosecution is that the accused has committed the offence of sexual assault over the victim girl, who is aged about 13 years and criminally intimated her. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and he is in custody since 11.07.2025. He also submitted that the investigation of this case is completed and final report is also filed; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the statement of the victim is also recorded; and that the investigation of this case is completed and final report filed in Spl.S.C.No.211 of 2025 on the file of the Sessions Mahalir Neethi Mandram, Tiruppur.

5.I have considered the submissions made on both sides and perused the materials available on record, including the statement of the victim girl.

Considering the facts of the case, though in the statement of the victim girl, various incidents has been narrated against the petitioner, it is not the case of penetrative sexual assault and the fact that the investigation of this case is completed and the final report also filed and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Sessions Mahalir Neethi Mandram, 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 stay at Vellore and report before the learned Judicial Magistrate - I, Vellore daily at 10:30 a.m., apart from the hearing dates before the Trial Court concerned, until further orders. It is made clear that the petitioner shall not enter into the area where the victim girl is residing;

[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.