Allowed

Suthan, v. The State Rep. by the Inspector of Police

Madras HC26 Jun 2025CRL OP/18308/2025

Case brief

AI extract

What is this about?

A PT teacher accused of sexually harassing a minor girl student by sending obscene messages was arrested for offences under POCSO and the Information Technology Act. Considering the nature of allegations, period of incarceration and submissions, the Madras High Court granted bail pending investigation with conditions including daily police reporting for two weeks.

What did the court decide?

Petitioner released on bail on bond of Rs.10,000 with two sureties, subject to conditions including daily reporting to police for two weeks.

Suthan, Vs The State Rep. by the Inspector of… — Child Sexual Offences (POCSO) | Madras HC (2025)

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Crl.O.P.No.18308 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.06.2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.18308 of 2025

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Suthan

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Vs.

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State rep. by The Inspector of Police All Women Police Station-Avinashi Tiruppur District Crime No. 14 of 2025

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... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation in Crime No.14 of 2025 on the file of the respondent police.

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 02.05.2025, for the offence punishable under Section 11(4) r/w 12 of POCSO

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Act, 2012 and Section 67 of Information Technology Act, 2000 in connection with Crime No.14 of 2025, registered on the file of the respondent, seeks bail.

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The case of the prosecution as per the defacto complainant/father of the victim girl is that petitioner, who is working as PT teacher in victim girl's school, had sexually harassed the victim girl by sending obscene message through cell phone. Hence, the case.

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Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this

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Court. Hence, he prayed for grant of bail to the petitioner. 02.05.2025.

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Learned Additional Public Prosecutor appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that both the petitioner and the victim girl had shared inappropriate pictures and based on the complaint lodged by the victim's father, the petitioner was arrested on 02.05.2025. He further submitted that in this case, investigation is still pending.

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Heard both sides and perused the materials available on record .

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6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and

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Crl.O.P.No.18308 of 2025

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considering the period of incarceration undergone by the petitioner, this Court is

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inclined to grant bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail on his

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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 learned Sessions

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Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur and on further conditions that:

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[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;

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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

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[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

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[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the

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directions as may be given by the Court in this regard;

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[f] 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 ];

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

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Note:

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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All 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.

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