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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Sakthivel S/o. Mahendiran, No.105, Abbas Garden, Luma Nagar, Koundampalayam, Coimbatore District 641011.

2. Manjula W/o. Sakthivel, No.105, Abbas Garden, Luma Nagar, Koundampalayam, Coimbatore District 641011.

..Petitioner(s) Vs The State rep by The Inspector of Police, All Women Police Station Central Coimbatore, Coimbatore District.

Cr. No.18/2026 ..Respondent(s)

Prayer: Criminal Original Petition filed under Section 482 of B.N.S.S., 2023, to enlarge the Petitioners on anticipatory bail in the event of their arrest by the respondent in Cr. No. 18 of 2026 on the file of the respondent herein and thus render justice.

For Petitioner(s):

Mr.G. Magesh Kumar For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Section 9 (1)(n) r/w Section 10, 11(1) r/w 12, 16 r/w Section 17 of POCSO Act, 2012 and Section 115(2) of BNS, 2023 in connection with the Cr. No.18 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that there was a family dispute between the parties in respect of property, due to which, the petitioners have harassed the defacto complainant's child. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocents. They have not committed any such offence as alleged by the prosecution. He further submitted that the petitioners are the grand parents of the victim . He further submitted the petitioners are ready to abide by

any conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners are the grand parents of the victim. He further submitted that there is no previous cases as against the Petitioners. However, he vehemently opposed to grant anticipatory bail to the Petitioners.

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

6. Considering the rival submissions on either side, considering the nature of offences, the family dispute between the parties regarding the property and the petitioners are the grand parents of the victim and there is no previous cases against the petitioners, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Special Court for

Exclusive Trial of cases under POCSO Act, Coimbatore on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten 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 petitioners shall report before the respondent police daily at 10.00 a.m. on every Saturday for a period of eight weeks and thereafter as and when required for .interrogation:

[b] the petitioners 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 her from disclosing such facts to the Court or to any police officer; [c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners shall not abscond either during investigation or trial. [e] 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].

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

13-05-2026 VV Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. 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.

To

1. The Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore.

2. The Inspector of Police, All Women Police Station Central Coimbatore, Coimbatore District.

3. The Public Prosecutor, High Court of Madras 13-05-2026 VV

P.DHANABAL, J.

VV 13-05-2026