Allowed

Murugesan v. State Rep by

Madras HC10 Dec 2024CRL OP/30688/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, a step-father accused of penetrative sexual assault under POCSO, considering the completed investigation and charge sheet. He was ordered to execute a bond with sureties and report to the POCSO Court.

What did the court decide?

Petitioner ordered to be released on bail on executing a bond for Rs.10,000/- with two sureties subject to specific conditions.

Murugesan Vs State Rep by — Child Sexual Offences (POCSO) | Madras HC (2024)

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Crl.O.P.No.30688 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.12.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.DHANABAL

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Crl.O.P.No.30688 of 2024

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S.Murugesan ... Petitioner Vs.

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State Represented by, The Inspector of Police, Avinashipalayam Police Station, Tiruppur District. Crime No.296 of 2024. ... Respondent

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PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail pending in Crime No.296 of 2024 pending on the file of the respondent police.

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For Petitioner : Mr.K.Gopinath

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For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody

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on 09.08.2024, for the alleged offences under Sections 5(n) r/w 6 of POCSO

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https://www.mhc.tn.gov.in/judis 1/6

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Crl.O.P.No.30688 of 2024

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Act and 351(3) of BNS Act, in Crime No.296 of 2024 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner who is the step father of the victim girl has committed penetrative sexual assault on the victim girl. Hence, the complaint.

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Learned counsel appearing for the petitioner submitted that this is the second bail application filed by the petitioner. He further submits that the petitioner is an innocent person and due to the dispute between the family and misunderstanding of matrimonial dispute, a false case has been foisted against the petitioner. He further submitted that as far as this petitioner is concerned, he does not have any previous case. He also submitted that the petitioner is in custody from 09.08.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court, hence, he prayed for grant of bail to the petitioner.

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Learned Government Advocate (Crl.Side) appearing for the

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respondent police submitted that the petitioner who is the step father of the

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.O.P.No.30688 of 2024

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minor victim girls has committed penetrative sexual assault on the victim girls. He further submits that no previous case, pending against him, and that investigation was completed and the charge sheet was also filed and now the case is posted for furnishing copies to the accused. However, he vehemently opposed for the grant of bail to the petitioner.

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

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Considering the representation made by both side counsel, investigation was completed and the charge sheet was also filed and now the case is posted for furnishing copies to the accused, no previous case pending against him. and considering the period of incarceration undergone by the petitioner, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Mahalir

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.O.P.No.30688 of 2024

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Neethimandram (FTMC), at Tiruppur, and on further conditions that:-

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[a] the petitioner shall report before the concerned POCSO Court, Tiruppur, on all working days at 10.30 a.m., until further orders.

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[b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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[d] the Petitioner shall not abscond either during investigation or trial;

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[e] On breach of any of the aforesaid conditions, the learned Judicial 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]; and

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https://www.mhc.tn.gov.in/judis 4/6

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4/6

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Crl.O.P.No.30688 of 2024

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[f] If the accused thereafter absconds, a fresh FIR can be registered

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under Section 269 B.N.S.

1 0.12.2024

drl

1.The Mahalir Neethimandram (FTMC), Tiruppur.

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2.The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

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3.The Superintendent, Central Prison, Coimbatore.

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4.The Public Prosecutor, High Court, Madras.

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https://www.mhc.tn.gov.in/judis 5/6

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Crl.O.P.No.30688 of 2024

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P.DHANABAL, J .

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drl

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Crl.O.P.No.30688 of 2024

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10.12.2024

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https://www.mhc.tn.gov.in/judis 6/6

Murugesan v. State Rep by

Case brief

What is this about?

What did the court decide?

Murugesan v. State Rep by

Case brief

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