Ravichandran vs State

K.Rajasekar, J

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 25.10.2025, seeking bail in Crime No.225 of 2025 registered for the offences under Sections 87 of BNS, 5(i), 5(j) (ii), 6(1) of POCSO ACT and 9 of Prohibition of Child Marriage Act.

2.The case of the prosecution is that, the petitioner aged 31 years developed the contact with the victim girl who was 15 old years and without consent of the parents, the petitioner had kidnapped the victim to Perumal temple at Kethureddipatti and tied Thali and subsequently confined her at Bangalore committed penetrative sexual assault to the victim, due to which she became pregnant. Hence the complaint.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that it is a case of love affair; that the victim had consensual relationship with the petitioner and since further custody of the petitioner is not required for the purpose of investigation and he sought for grant of bail.

4.The learned Government Advocate (Crl.Side) for the respondent reported that the victim girl is 15 years old, kidnapped her and committed penetrative sexual assault, due to which she became pregnant. He further submitted that the investigation in this case is completed and the final report is also filed. Hence, he opposed for the grant of bail to the petitioner.

Considering the above facts and circumstances and also the fact that the victim girl now under the custody of her parents, 164 statement also recorded, that the investigation is completed and the final report is also filed, and also considering 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 bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned the Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri and on further conditions that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall appear before the Court concerned everyday at 10.30 a.m. for the period of three weeks and thereafter as and when required for interrogation;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) AIR SCW 5560]; and;

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.