Panneerselvam v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Panneerselvam S/o. Somu, No.3/178, Sanchadi Street, Naluvethapathy, Vedaranyam Taluk, Nagapattinam District.
Petitioner / Sole Accused Vs State Rep. By Inspector of Police All Women Police Station, Vedaranyam, Nagapattinam District.
Crime No.11 of 2026 Respondent / Complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail in Crime No.11 of 2026 on the file of respondent police, pending investigation and thus render justice.
For Petitioner:
Mr.Swamisubramanian For Respondent:
Mr.V.J.Priyadarsana, Government Advocate (Criminal Side) 1/6
O R D E R
This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.
2. The petitioner / accused was arrested and remanded to judicial custody on 07.04.2026 for the alleged offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in Crime No.11 of 2026 on the file of the respondent police.
3. The case of the prosecution is that on 07.04.2026 at about 1 P.M. the petitioner allegedly came to the house of the victim and sexually assaulted her. Hence this case.
4. The learned counsel for the petitioner, submits that the petitioner and the victim are neighbours. The petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been in judicial custody since 07.04.2026. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner. 2/6
5. Per contra, Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) appearing for the respondent police, submits that the petitioner is aged 72 years and the victim is 15 years and the petitioner misbehaved with the victim. The investigation is completed and charge sheet is also filed in Spl.S.C.No.21 of 2026 before the POCSO Court, Nagapattinam. The learned Government Advocate (Criminal Side) contends that if the petitioner is released on bail, there is a chance to once again commit sexual assault on the victim girl and pose a threat to both, the defacto complainant and the victim girl. Accordingly, he prays for the dismissal of this petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner was arrested on 07.04.2026 and he is in incarceration since 07.04.2026. Considering the facts and circumstances of the case and the period of incarceration, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the Special Judge, Special Court under POCSO Act, Nagapattinam.
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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The Special Court under POCSO Act, Nagapattinam, shall obtain a copy of any one of identity proofs to ensure their identity. (iii) The petitioner shall stay at Trichy Town and shall appear and sign before the Cantonment Police Station, Trichy daily twice at 10.30 a.m, and 05.30 p.m, until further orders.
(iv) The petitioner shall not enter into the defacto complainant's house or her work place.
(v) The petitioner shall furnish his residence address and mobile number to the Sessions Judge, Special Court under POCSO Act, Nagapattinam. (vi) The petitioner shall not enter into Vedaranyam Taluk without obtaining prior permission from the Sessions Judge, Special Court under POCSO Act, Nagapattinam.
(vii) The petitioner shall not, directly or indirectly, cause any threat to the victim, defacto complainant and witnesses and shall not tamper the evidence. (viii) On breach of any of the aforementioned conditions, the learned Sessions Judge, Special Court under POCSO Act, Nagapattinam is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 4/6
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21-05-2026 vum/cgi 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 Sessions Judge, Special Court under POCSO Act, Nagapattinam.
2. The Inspector of Police All Women Police Station, Vedaranyam, Nagapattinam District.
3. The Superintendent of Prison, District Prison, Nagapattinam.
4. The Public Prosecutor, High Court, Madras.
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R.SAKTHIVEL J.
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