Allowed

Arockia Doss v. The State Rep by, The Inspector of Police

Madras HC10 Sept 2025CRL OP/21762/2025

Case brief

AI extract

What is this about?

Bail petition by an accused arrested for offences under BNS Section 351(2) and POCSO Sections 5 and 6 concerning a 14-year-old victim in Crime No.28 of 2024. Noting the recorded Section 164 statement, near-completed investigation and incarceration period, the Madras High Court granted interim bail on bond with conditions including periodic police appearance.

What did the court decide?

Petitioner released on interim bail on Rs.10,000 bond with two sureties (one blood surety), with conditions of weekly police reporting for three months and no contact with victim.

Arockia Doss Vs The State Rep by, The Inspector… — Child Sexual Offences (POCSO) | Madras HC (2025)

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Crl.OP.No.21762 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.09.2025

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.21762 of 2025

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Arockia Doss, S/o.Velani

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... Petitioner

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-vs-

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State rep by, The Inspector of Police, All Women Police Station, Manargudi, Thiruvarur District. (Crime No.28 of 2024)

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.. Respondent

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PRAYER : Criminal Original Petition has been filed under Section 439 of Cr.P.C / 483 of BNSS Act, pleased to enlarge the petitioner on bail in Spl.S.C.No.28 of 2025 pending on the file of learned Court of the Sessions Judge, Fast Track Mahila Court, Thiruvarur in Crime No.28 of 2024 on the

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file of the respondent.

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For Petitioner : Mr.P.Muthamizhselvakumar

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

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Crl.OP.No.21762 of 2025

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For Respondent

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: Mr.A.Gopinath,

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Government Advocate (Crl. Side)

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on

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22.10.2024 for the alleged offences punishable under Sections 351(2) of BNS and 5(1), 5(n) r/w Section 6 of Protection of Children from Sexual Offences Act, 2012 in Crime No.28 of 2024 on the file of the respondent police, seeks bail.

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The case of prosecution is that the complainant was in the station duty received the written complaint from defacto complainant herein stating that her daughter aged about 14 years was sexually assaulted her and made the penetrative sexual assault of the victim. It was disclosed by the victim to her mother. Hence the complaint.

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The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail.

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The learned Government Advocate (Crl. Side) appearing for respondent would submit that the complaint was given by the father of the victim. He would submit that the investigation is almost completed and if

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

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Crl.OP.No.21762 of 2025

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he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he strongly opposed to grant bail to the petitioner.

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Considering the above facts and circumstances and also the fact that 164 statement also recorded, she had love affair with the petitioner and also the fact that the investigation is almost completed, the trial Court examined P.W.1 and P.W.2, now the victim stayed with her father at Thiruvarur and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on interim bail on his executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Sessions Judge, Fast Track

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Mahila Court, Thiruvarur and on further conditions that:

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(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;

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(b) the petitioner shall appear before the

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

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Crl.OP.No.21762 of 2025

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respondent police on every Tuesday and Saturday at

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10.30 a.m. for the period of three months and the petitioner not to have any communication with the victim girl and co-operate the trial proceedings, if any deviation

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bail dismissed automatically;

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(e) the petitioner shall not tamper with evidence or

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witness either during investigation or trial;

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

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(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;

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

10.09.2025

rna

Note :

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

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Crl.OP.No.21762 of 2025

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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

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Court will be watermarked and will also have a QR code.

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