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Madras High CourtCRL OP(MD)/5835/2026granted

Prabu @ Prabhakaran, v. State Of Tamilnadu Rep By Inspector Of Police, Awps - Periyakulam

2026-03-25Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/03/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Prabu @ Prabhakaran,, S/o. Ramar, ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, AWPS - Periyakulam, Theni District.

Crime No. 11 of 2026.. ... Respondent/Complainant For Petitioner : Mr.R. Shankar Ganesh, For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 11 of 2026 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 11(1) and 12 of the Prohibition of Children from Sexual Offences Act, 2012, in Crime No.11 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.02.2026, the defacto complainant and his daughter/victim girl went to a temple for worship. At that time, the petitioner along with other accused persons made inappropriate gestures towards the victim girl and abused them with filthy language, thereby harassing her. Hence, the case.

3. The learned counsel for the petitioner submits 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 further submitted that no specific allegation against the petitioner is stated in the statement of the victim girl. Hence, he prays to grant Anticipatory Bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor fairly submits that no specific allegation against the petitioner was stated in the statement of the victim girl. He further submitted that on the date of occurrence, the petitioner was not present in the occurrence place and also submitted that no previous case is pending against the petitioner. Hence, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and also considering the facts that no specific allegation against the petitioner was stated in the statement of the victim girl. He further submitted that on the date of occurrence, the petitioner was not present in the occurrence place and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum 3/6

of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Court for Exclusive trial of Cases under POCSO Act, Periyakulam, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 30 days, 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 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. 4/6

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) 25.03.2026 TTA TO 1.The learned Special Court for Exclusive trial of Cases under POCSO Act, Periyakulam.

2.Inspector of Police, AWPS - Periyakulam, Theni District.

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

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P. DHANABAL,J TTA

ORDER

IN CRL OP(MD) No.5835 of 2026 Date : 25/03/2026 6/6