Pachamuthu v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Pachamuthu S/o.Rengaraj, No.1/342, Kattu Kottagai, Somandapudur, Vadaku Mathavi Post, Perambalur Taluk and District.
Petitioner(s) Vs
1. The State Rep. by Inspector of Police, All Women Police Station, Perambalur, (Crime No. 44 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest concern in Crime No. 44 of 2025 on the file of Inspector of Police, All Women Police Station, Perambalur, on such terms and conditions and as this Honble Court may deem fit and proper and thus render justice, For Petitioner(s):
R.Rajadurai
C.Prabakaran J.Shakul Hameed Pranesh Vilvan For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 7, 8 of POCSO Act and section 126(2) and 351(2) of BNS Act in Crime No.44 of 2025, on the file of the respondent police seeks anticipatory bail.
2. The allegation against this petitioner is that he pulled the victim child's hands and scolded her by using abusive language. Hence the case.
3. The learned counsel for the petitioner submitted that a false complaint has been lodged due to a property dispute and that the petitioner has no previous cases. Therefore, he prays to grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported the the investigation in this case is pending, the FIR
was registered only recently, and the victim girl's statement has been recorded. Hence, he opposed to grant anticipatory bail to the petitioner.
5. I have also reviewed the victim girl's statement, which alleges only that the petitioner attempted to pull the victim child's hands while she was alone and used abusive words to scold her. Considering the nature of the allegation and that custodial interrogation in this case is not necessary, I am 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 arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Sessions Judge, Mahila Court, Perambalur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:
(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, 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;
(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 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.
26-09-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Sessions Judge, Mahila Court, Perambalur. 2.The State Rep. by Inspector of Police, All Women Police Station, Perambalur, (Crime No. 44 of 2025) 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 26596 of 26-09-2025