Thivagar v. The State Of Tamilnadu Rep.By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Thivagar ... Petitioner/Accused Vs The State of Tamilnadu Rep.By, All Women Police Station, Peraiyur, Madurai District.

(Cr.No.2/2026). ... Respondent/Complainant For Petitioner : Mr.R.Suriya Narayanan For Respondent : Mr.Eantony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.02 of 2026 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 14.02.2026 for the offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, in Crime No.02 of 2026 on the file of the respondent police, seeks bail.

2. The prosecution case is that the petitioner touched the chest of the defacto complainant. 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 14.02.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner pulled the victim and touched her chest. Therefore, he opposed for grant of bail to the petitioner.

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5. Taking into consideration of the facts and circumstances of the case 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 Special Court for the Exclusive Trial of POCSO Act Cases, Madurai District, 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. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The petitioner 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. 3/6

[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.

(S S Y J) 27.02.2026 jbr 4/6

TO

1. The Sessions Judge Special Court for the Exclusive Trial of POCSO Act Cases, Madurai District.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, All Women Police Station, Peraiyur, Madurai 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.4622 of 2026 Date : 27/02/2026 6/6