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Suresh Kumar v. The State of Tamil Nadu

Madras HC7 Jan 2025CRL OP(MD)/22421/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; CRL OP(MD) No.22421 of 2024; Suresh Kumar v. Inspector of Police, Massarpatti Police Station, Thoothukudi; Crime No.153 of 2024; Section 13 r/w Section 14(1) POCSO Act; Sec. 482 BNSS; victim statement under Section 183 BNSS; three previous cases; bond Rs.10,000/- with two sureties; daily reporting 10.30 a.m.; P.K.Shaji vs. State of Kerala (2005) AIR SCW 5560 relied upon for breach conditions; fresh FIR under Section 269 BNS 2023 if accused absconds; Judicial Magistrate Vilathikulam; decision dated 07.01.2025.

What did the court decide?

Anticipatory bail granted to the petitioner (sole accused) in Crime No.153 of 2024, conditioned on a bond of Rs.10,000/- with two sureties each for a like sum, daily reporting before the respondent police at 10.30 a.m., and other conditions including non-tampering and non-absconding.

Suresh Kumar Vs The State of Tamil Nadu — Child Sexual Offences (POCSO) | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 482 of BNSS should be granted to the petitioner, the sole accused apprehending arrest in Crime No.153 of 2024 registered for alleged offences under Section 13 read with Section 14(1) of POCSO Act.

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Ratio / Principle

Taking into consideration the facts and circumstances, the manner in which the incident took place, the recording of the victim's statement under Section 183 of BNSS, and the existence of three previous cases against the petitioner, the court was inclined to grant anticipatory bail with certain conditions.

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Key takeaways

Anticipatory bail granted: the petitioner is to be released on bail in the event of arrest or on his appearance, within fifteen days from the date the order copy is made ready, before the learned Judicial Magistrate, Vilathikulam, on executing a bond for Rs.10,000/- with two sureties each for a like sum, failing which the petition stands dismissed.ratio¶22
Special condition imposed: the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders, along with conditions not to tamper with evidence or witnesses and not to abscond during investigation or trial.ratio¶27
On breach of any of the imposed conditions, the Magistrate/Trial Court may take appropriate action as if the conditions were imposed and release effected by the Magistrate/Trial Court itself, as laid down by the Supreme Court in P.K.Shaji vs. State of Kerala; if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single Judge (N. Anand Venkatesh, J.), allowed a petition under Sec. 482 of BNSS Act for anticipatory bail in respect of the sole accused in Crime No. 153 of 2024 (Massarpatti Police Station, Thoothukudi District) registered for alleged offences under Section 13 read with Section 14(1) of POCSO Act. Considering the manner of the incident, the fact that the victim girl's statement had already been recorded under Section 183 of BNSS, and three previous cases against the petitioner, anticipatory bail was granted subject to execution of a bond of Rs. 10,000/- with two sureties each for a like sum before the Judicial Magistrate, Vilathikulam, within fifteen days, daily reporting before the respondent police at 10.30 a.m., non-tampering with evidence/witnesses and non-absconding; on breach, action follows P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560], and absconding invites a fresh FIR under Section 269 of BNS, 2023.

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CRL OP(MD). No.22421 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.01.2025 PRESENT

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The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.22421 of 2024

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Suresh Kumar ... Petitioner/Sole Accused

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The Inspector of Police, Massarpatti Police Station, Thoothukudi District. (Crime No.153 of 2024) ... Respondent/Complainant

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For Petitioner : Mr.S.Ramasamy, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.

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PRAYER :-

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For Anticipatory Bail in Crime No.153 of 2024 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 13 read with Section 14(1) of POCSO Act, in Crime

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No. 153 of 2024 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner is said to have taken

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photographs while the victim girl was changing her dress in the bathroom. On

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coming to know the same, the parents of the victim girl confronted the petitioner and https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.22421 of 2024

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the petitioner also deleted the photographs. Thereafter, he is said to have threatened the mother of the victim girl.

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Heard the learned counsel on either side and perused the material records of the case.

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Taking into consideration the facts and circumstances of the case and considering the manner in which the incident had taken place and also taking note of the fact that the statement has already been recorded from the victim girl under Section 183 of BNSS and considering the fact that there are three previous cases against the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vilathikulam, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner and the sureties shall affix their photographs and Left Thumb https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.22421 of 2024

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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 report before the respondent police daily at 10.30 a.m. until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during

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investigation or trial.

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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 Magistrate/Trial

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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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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/ TRUE COPY /

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/02/2025

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Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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PKN

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