Kalimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Theni
Case brief
What is this about?
Madras High Court (Madurai Bench), CRL OP(MD) No.19652 of 2025, Justice S.Srimathy, order dated 10.11.2025: bail allowed under Sec.483 BNSS to Kalimuthu, sole accused, maternal uncle of the victim, in Crime No.47/2025 (AWPS-Theni) for offences under Ss.7 & 8 POCSO Act, 2012 and S.351(3) BNS, 2023; key ground: 164 CrPC-style statement of victim disclosed no penetrative sexual assault; bail on Rs.10,000 bond with two sureties; stringent conditions — daily reporting at 10.30 a.m., no contact with victim or entry into her street/house/school, no witness tampering; reliance on P.K.Shaji v. State of Kerala (2005) AIR SCW 5560 for breach consequences; fresh FIR under S.269 BNS if accused absconds.
What did the court decide?
Bail granted: petitioner to be released on bail on executing a bond for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum, to the satisfaction of the learned Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Theni, subject to conditions: photographs/left thumb impression in surety bond with Aadhaar/bank passbook identity verification; daily reporting before the respondent police at 10.30 a.m. until further orders; no intimidation of the victim girl and no entry into her street, house or school; no tampering with evidence or witnesses during investigation or trial; no absconding; on breach, Magistrate/Trial Court empowered to take action as per P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; absconding thereafter permits a fresh FIR under Section 269 BNS.