Darwin Densingh v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Keelakkarai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Darwin Densingh

...Petitioner/Accused

Vs 1.State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station Keelakarai Ramanathapuram.

(Crime No. 4 of 2026 )

2. The Chief Educational Officer Ramanathapuram.

(R2 is suo motu impleaded vide order dated 18.03.2026 in Crl.O.P.(MD) No.

5559 of 2026)

...Respondent

For Petitioner : Mr.B.N.Raja Mohamed Advocate.

For R1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Cr.No. 4 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 7 and 8 of the POCSO Act, 2012 in Crime No. 4 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 1st week of January, 2026, the petitioner has committed sexual assault upon the students, who are studying in the school where the petitioner was working. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. Hence, he prays to grant Anticipatory Bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) would submit that the petitioner has committed sexual assault upon the students, due to which a case has been registered against the petitioner for the offences punishable under Sections 7 and 8 of the POCSO Act, 2012 in Crime No. 4 of 2026. He would further submit that the statement of the victim was recorded under Section 183 of BNSS, 2023 and the petitioner has no previous case. He would further submit that the offences are grave in nature and hence, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record, including the statement of the victim recorded under Section 183 of BNSS, 2023.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and considering the facts that the statement of the victim was recorded under Section 183 of BNSS, 2023 and there is no specific allegation levelled as against the petitioner and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: 3/6

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 Fast Track Mahila Court, Ramanathapuram, and on further conditions that: [b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with 4/6

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 vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 09.04.2026 apd To 1.The Fast Track Mahila Court, Ramanathapuram. 2.The Inspector of Police, All Women Police Station Keelakarai Ramanathapuram.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 5559 of 2026 Date : 09.04.2026 6/6