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Madras High CourtCRL OP(MD)/6185/2026granted

Narayanan @ Moorthiraj v. State Of Tamilnadu Rep By Inspector Of Police, Awps, Aruppukottai Taluk

2026-04-01Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Narayanan @ Moorthiraj

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Aruppukottai Taluk, Virudhunagar District.

(Crime No. 12 of 2026 )

...Respondent/Complainant

For Petitioner : Mr.G.Mariappan Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 12 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- 1/7

The petitioner / Accused, who was arrested and remanded to judicial custody on 13.03.2026 for the offences punishable under Sections 7 and 8 of POCSO Act, 2012 in Crime No. 12 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner sexually harrased the victim aged about 14 years. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is a land-lord and the defacto complainant borrowed a sum of Rs.2,25,000/- from the petitioner, due to which a cheque was issued to the petitioner and however, the cheque was returned on 10.03.2026 and when the petitioner was consulting with his lawyer to take appropriate steps, the petitioner has lodged this complaint of harrasment. He would further submit that he has been arrested and remanded to judicial custody on 13.03.2026. Therefore, prayed to grant 2/7

bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the date of occurrence was on 27.09.2025 and the date of FIR is 13.03.2026 and the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that there is a dispute between the parties and the petitioner is none other than land-lord of the premises, where the victim and her family members were residing and the statement of the victim was recorded under Section 183 of BNSS and though the date of occurrence was on 27.09.2025, the complaint was 3/7

lodged only on 13.03.2026 and also the petitioner has no previous case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on 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 Special Court for POCSO Act cases at Srivilliputhur, and on further conditions that:

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

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[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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

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

(P D B J) 01.04.2026 apd 5/7

To 1.The Special Court for POCSO Act cases at Srivilliputhur. 2.The Inspector of Police, All Women Police Station, Aruppukottai Taluk, Virudhunagar District.

3. The Superintendent, District Jail, Virudhunagar. 4.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. 6185 of 2026 Date : 01.04.2026 7/7