Prathap v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Prathap Petitioner(s) Vs State rep.by, The Inspector of Police, Thirukannur Police Station, Puducherry District.

Cr.No.06 of 2026 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in the event on his arrest by the respondent police in Cr.No.06 of 2026 on the file of the respondent police. For Petitioner(s):

Mr.C.R.Gokulvisvas For Respondent(s):

Mr.M.V.Ramachandra Murthy Public Prosecutor, (Puducherry)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6 of POCSO Act in connection with the Cr. No.06 of 2026, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner who is the relative of the victim girl, had relationship with the victim girl, lured her and

committed sexual assault, due to which, she became pregnant and the same was intimated to her parents. Hence, the case.

3. Learned counsel for the petitioner submitted that petitioner innocent person, and he has been falsely implicated by the respondent police. He further submitted that petitioner is ready to marry the victim girl with the consent of both family members and victim girl is now 18 years completed. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Learned Public Prosecutor (Puducherry) appearing for the respondent police reiterated the prosecution's case and further submitted that victim girl expressed her unwillingness to make her statement under Section 183 of BNSS Act and investigation in this case is progressing. He vehemently opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of this case, the submissions made by the learned counsel appearing on either side, the willingness of the petitioner to marry the victim girl and the petitioner's relationship with the victim girl who is now aged 18, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on is appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Fast Track Court for POCSO Act, Puducherry on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 am., for a period three weeks and thereafter as and when required for interrogation.

[b] the petitioner shall cooperate for medical examination, if any required.

[c] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[d] the petitioner shall not leave India without the previous permission of the Court;

[e] the petitioner shall not abscond either during investigation or trial. [f] 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

02.02.2026 jai To 1.The Inspector of Police, Thirukannur Police Station, Puducherry District.

2. The Fast Track Court for POCSO Act, Puducherry.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

jai CRL OP No.2227 of 02.02.2026