T.Maheswaran vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 23.09.2025 for the offences punishable under Sections 127(2), 137(1)(b) of the BNS and Sections 5(1) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), in Crime No.481 of 2025, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he was known to the victim girl, aged 15 years, and lured her to accompany him under the pretext of love, kidnapped her, took her to a native place, and confined her in his house. In the meantime, the mother of the victim lodged a complaint, pursuant to which the respondent police conducted investigation and rescued the victim and the petitioner was arrested on 23.09.2025. Hence, the complaint.

The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 23.09.2025 and that there was no offence has taken place as alleged by the prosecution. He further submitted that he is ready to face the trial process since the investigation has been completed. Hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner had kidnapped the victim girl and committed penetrative sexual assault on her. He further submitted that the investigation is completed and the final report filed and the same was taken on file in Spl.S.C. No.245 of 2025 before the POCSO Court. Hence, he opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

This Court, on perusal of the statement recorded from the victim and the other connected materials, it was revealed various disturbing factors.

Considering the submissions made by the learned counsel on either side, the age of the victim, investigation completed and the final report filed and also considering the other connected facts, this Court is inclined to grant bail with certain conditions.

Accordingly, 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 like sum to the satisfaction of the learned Fast Track Mahila Court, Tiruppur, 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 report before the Concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.