M Suresh v. State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL CRL.O.P.No.12819 of 2026 M.Suresh, S/o.Moses Kumar ... Petitioner vs.
State rep. By Inspector of Police, W-6, All Women Police Station, Semmancherry, Chennai - 600 119.
(Crime No.15/2026) ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in pending investigation in crime No.15 of 2026 on the file of the respondent. For Petitioner:
Ms.G.Samundeeswari For Respondent:
Mr.S.Balaji Government Advocate (Crl. Side)
ORDER
The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7, 8, 9(m) and 10 of POCSO Act and 351(2) of BNS, 2023, in connection with Crime No.15 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner misbehaved with the daughter of the de facto complainant. Hence the present case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that the petitioner is ready to co-operate with the investigation and abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner misbehaved with the daughter of the de-facto complainant, who is aged about 9 years. He further submits that a statement under Section 183 of BNSS was recorded from the victim girl. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, nature of offences and on perusal of the contents in the FIR and further taking note of the fact that
no previous case is pending against the petitioner and also noting that there was delay in registering the FIR, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the learned Special Court for the Exclusive Trial of POCSO Cases, Chengalpattu, 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 conditions that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
14.05.2026 vji / vsn 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 official website of this Court will be watermarked and will also have a QR code.
To
1. The Special Court for the Exclusive Trial of POCSO Cases, Chengalpattu.
2. The Inspector of Police, W-6, All Women Police Station, Semmancherry, Chennai - 600 119.
3. The Public Prosecutor, Madras High Court.
P.DHANABAL, J.
vji / vsn CRL.O.P.No.12819 of 2026 14.05.2026