G. Muniyaraj v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Aruppukottai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI G.Muniyaraj
...Petitioner/Accused
Vs.
State of Tamil Nadu rep.by The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.
(Crime No.8 of 2025) ... Respondent/Complainant For Petitioner : M/s.S.Bharathi Advocate For Respondent : Mr.S.Prakash, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.8 of 2025 on the file of the Respondent Police. 1/6
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 11(4) and 12 of the POCSO Act, in Crime No.8 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has been constantly following and contacting the defacto complainant's minor daughter, who is aged 12 years for the period of one week. Hence, a case has been registered.
3. The learned counsel appearing for the petitioner submits that the defacto complainant is the neighbor of the petitioner and both the family had frequent quarrels and due to said enmity, the defacto complainant foisted a false complaint against the petitioner. He would further submit that originally the petitioner's daughter was subject to sexual assault by the defacto complainant on 30.05.2025 and the FIR registered in Crime No.107 of 2025 against him U/s.9(m), 10 of POCSO Act, 126(2), 296(1), 118(1) of BNS, wherein it was disclosed that the petitioner's daughter was subject to similar harassment twice previously by the defacto complainant. He would further submit that the petitioner is an innocent person and he has nothing to 2/6
do with the alleged offence and hence, he seeks anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) appearing for the respondent police submits that the petitioner misbehaved with the victim girl in a public place, who is aged 12 years. He would further submit that the investigation is still pending and therefore, he objected to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, and considering the fact that the petitioner has not even touched the victim girl and also taking note of the fact that in this case, FIR was registered on 28.05.2025, by this time most of the investigation might have been completed, and also taking note of the fact that the statement of the victim U/s.164 of Cr.P.C (U/s.183 of BNSS) has already been recorded, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Special Sessions Court for the Prevention of Sexual Offences, Srivilliputhur, on condition that the petitioner shall execute a bond 3/6
for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the Special Sessions Court for the Prevention of Sexual Offences, Srivilliputhur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and contact number to the the learned Judge, Special Sessions Court for the Prevention of Sexual Offences, Srivilliputhur. In the event of any change in his residential address, the petitioner shall report the same to the the learned Judge,Special Sessions Court for the Prevention of Sexual Offences, Srivilliputhur; (c) the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., until further orders;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioner shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 4/6
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] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSD TO 1 THE JUDGE, SPECIAL SESSIONS COURT FOR THE PREVENTION OF SEXUAL OFFENCES, SRIVILLIPUTHUR.
2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9987 of 2025 Date :11/07/2025 NM/24.07.2025/ 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6