Rajeshwari v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Awps-Keeranur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/06/2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Rajeshwari ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Sub-Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

Crime No. 02/2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 02 of 2026 on the file of the Respondent Police.

For Petitioner : S.Adhithan, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under 1/6

Section 5(1), 5(m), 6(1), 16, 17, 19, 21(1) of the Protection of Children From Sexual Offences Act, 2012, in Crime No.2 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner herein is the mother of the victim girl, and she allowed A1 to have aggravated penetrative sexual intercourse with the victim girl, who is aged about 11 years, knowing fully well that she is a minor girl. The respondent police later registered a case against the accused and arrested A1 and the petitioner was also charged based on the victim's statement.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that A1 was already arrested and released on bail and the petitioner herein has not directly involved in the commission of offence. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Counsel For State of TN (Crl.Side) appearing for the 2/6

respondent police, submitted that the statement of the victim girl recorded under Section 183 of BNSS narrated the sexual assault made by A1 at the house of the petitioner on various dates and it shows that the petitioner herein allowed A1 to have sexual intercourse with the minor victim girl. Now, it has been stated that final report was also filed before the POCSO Court, Pudukottai, and the same was taken on file in Spl.SC. 46 of 2026 and thereafter, non-bailable warrant has been issued against her. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have gone through the statement recorded under Section 183 of BNSS from the victim girl.

6.Considering the nature of allegations against the petitioner, and also considering the facts that the respondent police has chosen to file absconding charge sheet before the trial Court and the trial Court has also issued non-bailable warrant against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in 3/6

the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the Additional Mahila Court, Pudukkottai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance 4/6

with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 29.06.2026 dss To 1.The Additional Mahila Court, Pudukkottai.

2.The Sub-Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

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

5/6

K. RAJASEKAR,J DSS

ORDER

IN CRL OP(MD) No.12704 of 2026 Date : 29/06/2026 6/6