Rajkumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Palayamkottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Rajkumar ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City, Tirunelveli District.

Crime No. 42 of 2025. ... Respondent/Complainant For Petitioner : Mr.Veerapandi P For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.42 of 2025 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 7, 8 of Protection of Child from Sexual Offences Act, 2012, in Crime No.42 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's daughter is studying in the 10th standard. The petitioner allegedly continuously followed her and expressed his love proposal to her. On 08.10.2025, the petitioner, along with the victim and one Selvam, went to Nagercoil to his sister's house. Thereafter, they returned in a car and dropped the victim near the defacto complainant's house. In the meanwhile, the petitioner along with the said Selvam, allegedly misbehaved with her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory 2/6

bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that this is the second anticipatory bail application and that the offence committed by the accused are serious in nature. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. The petitioner has expressed his willingness to marry the victim, but the victim is only 15 years old. However, this Court has perused the statement recorded under Section 164 of Cr.P.C., wherein it is stated that the petitioner was already in love with another lady. The specific overt act alleged against the petitioner is that he attempted to molest the victim with the bad touch and there is no penetrative assault. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, 3/6

within a period of fifteen days from the date on which the order copy made ready, before the learned Special Judge for POCSO Act Cases, Tirunelveli, Tirunelveli District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall stay at Madurai and report before the Inspector of Police, Thallakulam Police Station, Madurai, daily at 10.30 a.m. for a period of two months. The petitioner shall not intimidate or threaten the victim or her family members. He shall not enter the street, school/college, or any other place where the victim is available;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during 4/6

investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner 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 Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 27.01.2026 jbr TO

1. The Special Judge for POCSO Act Cases, Tirunelveli, Tirunelveli District

2. The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City, Tirunelveli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.1361 of 2026 Date : 27/01/2026 6/6