Jagadish Mandal Vs The State rep. by

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.29 of 2025 on the file of the respondent police.

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For Petitioner : Mr.P.Muthamizhselvakumr For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

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

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Crl.O.P.No.26533 of 2025

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ORDER

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

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28.07.2025 for the alleged offences punishable under Sections 7, 8 of POCSO Act, in Crime No.29 of 2025 on the file of the respondent police, seeks bail.

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The allegation is that the petitioner is a honey seller and on the date of occurrence, the victim girl, aged about 16 years was sexually harassed by the petitioner by way of inappropriate touch on the private parts of the victim girl. Based on the complaint lodged by the defacto complainant, the petitioner was arrested. Hence, the case.

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The learned counsel appearing for the petitioner states that a false complaint has been lodged against the petitioner. He further submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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Crl.O.P.No.26533 of 2025

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4. The learned Government Advocate (Criminal.Side) appearing for

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the respondent police reported that the petitioner is a resident of Bihar and he is not in Rajasthan. He further reported that the investigation of the case

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is in a crucial stage and hence, opposed to grant bail to the petitioner.

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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, the period of

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incarceration undergone by the petitioner, and allegation is not penetrative sexual assault, 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 bail on his

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executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties , for a like sum to the satisfaction of the learned

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Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, and on further conditions that:

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[a] the sureties shall affix their photographs and

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Crl.O.P.No.26533 of 2025

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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 the0 identity proofs to ensure their identity;

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[b] the petitioner shall appear before the respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

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

25.09.2025

dna

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

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Crl.O.P.No.26533 of 2025

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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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To

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1.The Special Court for Exclusive Trial of Cases under POCSO Act, Chennai.

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2.The Inspector of Police, W-7, All Women Police Station Anna Nagar Chennai District. (Crime No.29 of 2025)

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3.The Superintendent, Central Prison, Puzhal.

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4.The Public Prosecutor High Court of Madras, Chennai 600 104.

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