Mohamed Abdulla @ Kattappa v. State Of Tamilnadu Rep By Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Mohamed Abdulla @ Kattappa

...Petitioner/Sole Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Kottaipattinam, Pudhukottai District.

(Crime No.9 of 2025)

...Respondent/Complainant

For Petitioner:Mr.S.Balaji For Respondent:Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 9 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 27.12.2025 for the offences punishable under Sections 5(m), 5(n), 5(l), 6(l), 9(m), 9(n) and 10 of Protection of Children from Sexual Offences Act, and Section 351(2) of BNS, 2023, in Crime No.9 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is having one male child and one female child. The female child went to beach along with her grandfather and playing some games at the time, her grandfather sleeping.

Thereafter, the female child returned back to her home. On 14.12.2025, defacto complainant went to her mother home, at that time, her child informed that during passing of urine, she was pain. Thereafter, the defacto complainant found that some nail scratches. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case. He has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 27.12.2025. Hence, he prays to grant bail to the petitioner. 4.The learned Government Advocate appearing for the respondent would submit that the investigation has been completed and charge sheet has been filed and the statement of the victim was recorded under Section 183 of BNSS, 2023. He would further submit that the petitioner has no previous case. However, he opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record, including the 3/8

statement of the victim recorded under Section 183 of BNSS, 2023.

6. Considering the rival submissions made by the learned counsel on either side, nature of the allegations levelled as against the petitioner and considering the facts that the statement of the victim was recorded under Section 183 of BNSS, 2023 and the petitioner has no previous cases 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 learned Sessions Judge, Mahila Court, Pudhukottai, and on 4/8

further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Mahila Court, Pudhukottai, on all working days at 10.30 a.m., until further orders.

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

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

[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 5/8

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) 09.04.2026 vsg 6/8

To 1.The learned Sessions Judge, Mahila Court, Pudhukottai.

2.The Inspector of Police, All Women Police Station, Kottaipattinam, Pudhukottai District.

3.The Superintendent, District Jail, Pudhukottai. 4.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. 7040 of 2026 Date : 09.04.2026 8/8