Kalanjiyam v. State Of Tamilnadu Rep By Inspector Of Police, Natham

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.7696 of 2026 Kalanjiyam ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Natham Police Station, Natham, Dindigul District.

(In Crime No.56 of 2026) ... Respondent/Complainant PRAYER :- For bail in Crime No.56 of 2026 on the file of the respondent police.

For Petitioner : T.Vadivelan, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 14.02.2026 for the offences punishable under Sections 'Girl Missing' @ 87 of BNS and Sections 5(1) r/w 6 of POCSO Act, in Crime No.56 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the mother of the victim girl, who is studying 10th standard. On 07.02.2026, at about 01.00 a.m, the victim girl was found missing. Hence, a case has been registered as 'Girl Missing' and on 8.02.2026, the respondent police secured the victim and the petitioner and thereafter, altered the offence into Section 87 of BNS, 2023 and Section 5(1) r/w 6 of POCSO Hence, this 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 both are loved each other for the past one year and at the instigation of the victim girl only the petitioner went to her house and took her to his house and the petitioner has no previous case 2/6

and he has been arrested and remanded to judicial custody on 14.02.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had sexual intercourse with the victim girl by giving a false promise that he would marry her and the investigation was completed and charge sheet was field before the concerned Court and no previous case is pending against the petitioner and he also produced the statement of the victim girl recorded under Section 183 of BNSS.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and a perusal of the statement of the victim girl recorded under Section 183 of BNSS, 2023 reveals that there is a love affair between the petitioner and the victim girl and already investigation was completed and charge sheet was filed before the 3/6

concerned Court and no previous case is pending against the petitioner and 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 Principal Special Court for Exclusive Trial of cases Under POCSO Act, Dindigul, and on further conditions that:

[b] the petitioner shall report before the trial Court, daily 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;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted 4/6

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) 20.04.2026 dss 5/6

P. DHANABAL,J DSS To 1.The Principal Special Court for Exclusive Trial of cases Under POCSO Act, Dindigul.

2.The Inspector of Police, Natham Police Station, Natham, Dindigul District.

3. The Superintendent, Sub Jail, Dindigul.

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

ORDER

IN CRL OP(MD) No.7696 of 2026 Date : 20/04/2026 6/6