Palanisamy v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2026
CORAM
THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Palanisamy ... Petitioner/A1 Vs.
State Rep By its, The Inspector of Police, Mettur All Women Police Station, Salem District.
... Respondent (Crime No.25 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in event of arrest pending investigation in Crime No.25 of 2025 on the file of the respondent police.
For Petitioner : Mr.Deepak Kumar C For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 7 and 8 of the POCSO Act in Crime No.25 of 2025 on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner, being the father of the victim girl's friend, is alleged to have taken the victim to his 1/4
residence under the pretext of study with his daughter, wherein he attempted to commit sexual assault on the victim girl. The victim resisted, immediately, which she was escorted brought home, and a complaint has been lodged in this regard.
3. The learned counsel for the petitioner submitted that due to some property dispute a false complaint has been lodged against the petitioner and it is not a case of penetrative sexual assault. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that it is not a case of penetrative sexual assault and it is a case of attempted to commit sexual assault on the victim girl. The learned counsel further submitted that the investigation in this case is still pending and opposed to grant anticipatory bail to the petitioner.
5. I have also gone through the statement recorded under Section 185 of BNSS and it is revealed that it is not a case of penetrative sexual assault.
6. Considering the facts and circumstances of the case and the submissions made by the learned counsel on both sides; and the nature of 2/4
allegations levelled against the petitioner; I am of the view that for the purpose of investigation custodial interrogation is not necessary in this case. Hence, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Special Judge, Special Court for Exclusive Trial of POCSO Act, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) 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 identify proofs to ensure their identity;
K.RAJASEKAR, J.
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ssi (c) The petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
19.01.2026 ssi To 1.The Special Judge, Special Court for Exclusive Trial of POCSO Act, Salem. 2.The Inspector of Police, Mettur All Women Police Station, Salem District. 3.The Public Prosecutor, High Court of Madras. Crl.OP.No.968 of 2026 4/4