Palanisamy v. State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :15.09.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Palanisamy, M/53, S/o Natesan, No.2A, Teachers Street, Pillaichavady, Puducherry.
.. Petitioner/Sole Accused /versus/ State Rep.by Inspector of Police, Kalapet Police Station, Puducherry, Crime No.92/2025 ..Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner and order to enlarge him on bail in the event of arrest in Crime No.92/2025 by the respondent police.
For Petitioner :
Mr.Sudhaka Kannusamy For Respondent :
Mr.SK.S.Mohan Dass, P.P.(Pondy) Asst.by Mr.N.Danalatchowmy 1/5
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296 of BNS 2023 and Section 12 of POCSO Act in Crime No.92 of 2025 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is residing near to the defacto complainant's house and there is a small fight between them. On 06.06.2025, when the defacto complainant returned to house from school, the petitioner abused orally and locked his house and the same is not informed to her parents due to fear. Again, the petitioner drove his two wheeler near to the defacto complainant and caused fear.
3. The learned counsel appearing for the petitioner submitted that this is the family dispute between the parents of the defacto complainant and the petitioner. Hence, a false case has been foisted against the petitioner. 4.On reading of the statement of the victim girl, it appears that this petitioner persistently misbehaved with the minor girl who resides near the house of the petitioner.
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5.Considering the complaint and the statement of the victim girl, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, on or before 30.09.2025 before the learned Special Court for POCSO Act Cases, Puducherry, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the Special Court for POCSO Act Cases, Puducherry, and on further condition:
(a)If the petitioner fails to surrender before the concerned Magistrate on or before 30.09.2025, this order shall stand automatically cancelled;
(b)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 identify proofs to ensure their identity; 3/5
(c)The petitioner shall stay at Karaikal and report before the Karaikal Town Police Station daily at 10.30 a.m., until further orders; (d)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];
(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
15.09.2025 To 1.The Special Court for POCSO Act Cases, Puducherry. 2.The Inspector of Police, Kalapet Police Station, Puducherry. 3.The Public Prosecutor, High Court, Puducherry. 4/5
Dr.G.JAYACHANDRAN,J.
ari 15.09.2025 5/5