Durgaimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Awps - Thoothukudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Durgaimuthu ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep BY, The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District.
(Crime No.48 of 2026).
... Respondent/Complainant For Petitioner : Mr.C.Mayilvahana Rajendran, Advocate.
For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.
48 of 2026 on the file of the respondent Police. 1/7
ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 7, 8, 11(4) and 12 of POCSO Act, and Section 506(ii) of IPC, in Crime No.48 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner visited the defacto complainant's house and had developed acquaintance with her family members. On 19.01.2024, at about 04.00 p.m. When the defacto complainant was alone in her house, the petitioner touched and rubbed against her with his hand. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person. He would further submit that there is a 2/7
money dispute between the parties and hence, the petitioner was falsely implicated in this case and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Counsel for State of TN (Crl.
Side) appearing for the respondent Police would submit that the investigation is still pending and the offences are grave in nature. He would further submit that the petitioner has no previous cases. Hence, he opposes to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and the petitioner has no 3/7
previous cases and though the alleged occurrence took place on 19.01.2024, the FIR has been registered only on 24.05.2026 and according to the petitioner, there is a money dispute between the parties and the material part of the investigation might have been completed and hence, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
[a] 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 learned Special Court for Exclusive Trial under POCSO Act, Tuticorin, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to 4/7
the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:
[b] the petitioner shall report before the respondent Police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the 5/7
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 B.N.S.
(P D B J) 16.06.2026 vsg TO 1.The learned Special Court for Exclusive Trial under POCSO Act, Tuticorin.
2.The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District.
3. 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.11244 of 2026 Date : 16/06/2026 7/7