Chinnasamy v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Bodinayakkanur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Chinnasamy ...Petitioners/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, All women Police Station (AWPS), Bodinayakkanur, Theni District.

(Crime No. 11 of 2026)

...Respondent/Complainant

For Petitioner :Mr.R.Karunanidhi Advocate.

For Respondent :Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.11 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent for the offences punishable under Section 296(b) of BNS, 2023 and Section 12 of the Protection 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 01.07.2025, the defacto complainant and her father entered the principal's office to obtain the mark sheet of her elder brother. At that time, the Principal looked at the defacto complainant and made certain gestures towards her. The petitioner has sent out the defacto complainant from the principal room. Hence, the case.

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3. The learned counsel for the petitioner submits that the petitioner is working as an assistant at the Cardamom Plantation Association College, at Bodi, and he is an 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. He further submits that A1 was already granted anticipatory bail by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) fairly submits that on 01.07.2025, the defacto complainant and her father entered the principal's office to obtain the mark sheet of her elder brother. At that time, the principal looked at the defacto complainant and made certain gestures towards her and the petitioner has sent out the defacto complainant from the 3/8

principal's room. He further submits that the petitioner has no previous case and also submitted that already the principal has lodged a complaint against the defacto complainant and his father and the same was registered in Crime No. 218 of 2025 on 02.07.2025. However, he opposes to grant anticipatory 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, 2023.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and and considering the facts that the statement of the victim was recorded under Section 183 of BNSS, 2023 and the alleged occurrence took place on 01.07.2025, however the date of FIR is on 21.02.2026 and 4/8

hence, there is a delay in filing FIR and also the fact that the petitioner's principal has lodged a complaint against the defacto complainant and his father and the same was registered in Crime No.218 of 2025 on 02.07.2025 and the petitioner has no previous case and A1 was already granted anticipatory bail by this Court, 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 of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Sessions Court (Special Court for the exclusive Trial of POCSO Act Cases), Theni, and on further conditions that:

[b] the petitioner shall report before 5/8

the respondent police, once in a week ie., 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 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 6/8

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) 06.04.2026 vsg To 1.The learned District Sessions Court (Special Court for the exclusive Trial of POCSO Act Cases), Theni.

2.The Inspector of Police, All women Police Station (AWPS), Bodinayakkanur, Theni District.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 6582 of 2026 Date : 06.04.2026 8/8