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Madras High CourtCRL OP/13271/2026granted

S.Porkodi v. The State Rep By The Inspector Of Police

2026-05-21Honourable Mr.Justice R.Sakthivel8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2026

CORAM

THE HON'BLE MR. JUSTICE R.SAKTHIVEL S.Porkodi W/o. Sivakumar ... Petitioner/Accused No.1 Vs.

State rep. by, Inspector of Police, Veeranam Police Station, Salem District.

... Respondent/Complainant (Crime No.118 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of her arrest in Crime No.118 of 2026 on the file of the respondent police.

For Petitioner : Mr. A. Sriram For Respondent : Mr. A. Gopinath Government Advocate (Criminal Side)

ORDER

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This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

2. The petitioner / Accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 329(3), 296(b), 115(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.118 of 2026 on the file of the respondent police.

3. The case of the prosecution is that on 10.04.2026, the defacto complainant received a letter dated 07.04.2026 alleging that the petitioner who is working as English Teacher at Allikuttai Panchayat Union Middle School had scolded the VIII Standard Students with obscene language and assaulted them and further alleged that the petitioner's husband also trespassed into the school and scolded the students with obscene words. Hence, the case.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in 2/8

this case. He would further submit that no previous case is pending against the petitioner. Hence he prayed to grant an order of pre-arrest bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing on behalf of the respondent - Police submitted that there are totally 2 accused involved in this case in Crime No.118 of 2026 and the petitioner herein is arrayed as A1. He further submitted that the petitioner is working as English Teacher at Allikuttai Panchayat Union Middle School had scolded the VIII Standard Students with obscene language and assaulted them and further the petitioner's husband also trespassed into the school and scolded the students with obscene words and that no one is injured in this case.

6. Heard on both sides. This Court has perused the records.

7. The case of the prosecution is that the petitioner abused and attacked the VIII Standard Students. The learned counsel appearing for the petitioner submitted that the petitioner is working as Government School Teacher for the past 20 years without any blemish and while she was teaching, VIII Standard students snatched the petitioner's mobile phone and misbehaved and outraged the petitioner's modesty by using filthy language and that she had complaint to 3/8

the Head Master but no action was taken and due to service related ulterior motive the School Headmaster and other Teachers gave a false complaint to the Superior Officers. This Court was informed that the petitioner has not caused any injuries to any one.

8. Considering the above facts and circumstances of the case; the nature of the offences alleged to have committed by the petitioner; the fact that except the offence under Section 506(ii) of IPC, the other offences are bailable in nature; the fact that there is no previous case against the petitioner and also the fact that the no one is injured in this case, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions. (i) The petitioner shall be released on bail in the event of her arrest or in the event of her surrender before the learned Judicial Magistrate No.IV, Salem within a period of 15 days from today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate, No.IV, Salem;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The 4/8

Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent police, once in a week i.e., on every Saturday at 5.00 p.m, until further orders;

(iv) The petitioner shall make himself available for interrogation by police as and when required;

(v) 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 her from disclosing such facts to the Court or to any police officer; (vi) The petitioner shall not enter into the defacto complainant's house and workplace; and (vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].

9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

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21.05.2026 Index : Yes/No Internet : Yes/No ssi 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 Judicial Magistrate No.IV, Salem.

2. The Inspector of Police, Veeranam Police Station, Salem District.

3. The Public Prosecutor, High Court of Madras.

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R.SAKTHIVEL, J.

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