Malarvizhi v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Vadamadurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Malarvizhi, W/o. Satheesh, Pattalammankovil Street, Padiyur Post, Vedasandur Taluk, Dindigul District - 624 005..

... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, ALL Women Police Station, Vadamadurai, Dindigul District. (Cr.No. 3 of 2026).

... Respondent/Complainant For Petitioner : Mr.W.Cleetus, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-58B. For Bail in Crime No. 3 of 2026 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 27.04.2026 for the offences punishable under Section 5(1) r/w Section 6 of the POCSO Act, 2012, in Crime No.3 of 2026 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner, who is a married woman residing in the neighbouring house and during the absence of her husband, the petitioner induced and compelled the minor boy to visit her house and engaged in repeated sexual acts with him over a period of time. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she was falsely implicated in this 2/8

case. She has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 27.04.2026. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the investigation has been completed and the final report is made ready 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.

6. Considering the rival submissions made by the learned counsel on either side, nature of the 3/8

allegations levelled as against the petitioner and considering the facts that the investigation has been completed and the final report is made ready and the petitioner has no previous cases and also considering the period of incarceration undergone by the petitioner from 27.04.2026, 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, Special Court for exclusive trial of POCSO Cases, Dindigul, and on further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Special Court for exclusive trial of POCSO Cases, 4/8

Dindigul, once in a week ie., on Every Monday 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 Magistrate/Trial Court is entitled to take appropriate action against the petitioner 5/8

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) 04.06.2026 VSG 6/8

TO 1.The learned Sessions Judge, Special Court for exclusive trial of POCSO Cases, Dindigul.

2. The Officer-in-charge, Sub Jail, Nilakottai, Dindigul.

3.The Inspector of Police, ALL Women Police Station, Vadamadurai, Dindigul District

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.9555 of 2026 Date : 04/06/2026 8/8