Meera Moitheen v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Meera Moitheen ..Petitioner Vs The State Rep By, The Inspector of Police All Womens Police Station, Vellore.

Crime No. 5 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Spl.SC.No.46 of 2026 pending on the file of Special Court (POCSO Court) Vellore.

For Petitioner:

Mr.M.R.Thangavel For Respondent:

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.03.2026 for the alleged offence under Sections 9(l), 9(n), 10 of POCSO Act 2012 and Section 75(1), 75(2) of BNS in Spl.SC.No.46 of 2026 on the file of

the learned Sessions Judge, POCSO Court, Vellore in Crime No.5 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that while the victim was lonely at home, the accused person with sexual intent has attempted the aggravated sexual assault on victim. Again, he has attempted to commit the same. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner reprimanded the victim girl for having affair with someone else, hence, she has given this false complaint. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and strongly opposed the grant of bail to the petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the

submission made by the learned Government Advocate (Crl.Side) and on perusal of the 183 statement, there is reference about the victim's affair with another person. Hence, taking into consideration of the totality of the circumstances, the period of incarceration of the petitioner since 19.02.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Sessions Judge, POCSO Court, Vellore, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the learned Sessions Judge, POCSO Court, Vellore at 10.30 a.m. until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with

law as if the aforementioned 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)13 SCC 283];

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

23-06-2026 SHL 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, POCSO Court, Vellore

2. The Inspector of Police All Womens Police Station, Vellore.

3. The Superintendent Vellore Central Prison, Vellore

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 23-06-2026