Thiyagarajan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Vilathikulam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Thiyagarajan ... Petitioner/Accused Vs State of Tamilnadu Rep by In, The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi District.
Cr. No. 28 of 2025. ... Respondent/Complainant For Petitioner : Mr.M.Arumugam For Respondent : Mr.E.Antony Sahayar Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.28 of 2025 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 13.12.2025 for the offences punishable under Sections 9(f), 10, 7, 8, 21(2) of POCSO Act and Section 351(3) of BNS, in Crime No.28 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is a teacher. The victim girl is studying 12th standard, Agriculture student. It is alleged that when the victim went to the agricultural field for practical training, the petitioner touched the private parts of the victim girl. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 13.12.2025. Hence, he seeks bail to the petitioner.
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4. The learned Additional Public Prosecutor submitted that the offences committed by the accused are serious in nature. He further submitted that the investigation has been completed and the charge sheet has been filed.
5. Taking into consideration of the fact that the charge sheet has been filed and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Sessions Judge (F.A.C) Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, 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 Aadhaar card or bank pass book to ensure their identity. 3/6
[b] the petitioner shall report before the Trial Court daily at 10.30 a.m. until further orders. The petitioner shall not enter Vilathikulam and shall not threaten the victim or the victim's family. He shall not enter the street, school/college, house, or any place where the victim is normally available.
[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during 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 petitioner is 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
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TO
1. The Sessions Judge (F.A.C) Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi.
2. The Superintendent, District Jail, Perurani, Thoothukudi.
3. The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi District.
4. 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.2159 of 2026 Date : 04/02/2026 6/6