M.Vinith Muthuraj v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thiruchendur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11516 of 2026 M.Vinith Muthuraj ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS - Thiruchendur Police Station, Thoothukudi District.

(Crime No.24 of 2026)

...Respondents/Complainant

For Petitioner : Mr.K.Jerish Neeraj Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 24 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 7 r/w. 8 of POCSO Act, in Crime No.24 of 2026, on the file of the respondent police, seeks anticipatory bail. 1/6

2. The case of the prosecution is that when the victim girl was alone in their house, the petitioner entered into their house and committed sexual assault upon the victim girl. When their family members are returned they found the accused person inside their house. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. The victim girl and the petitioner are just friends. Except that there is nothing else between them. But, due to misunderstanding the victim girl's family members assaulted him. Hence, counter case has also been registered in this case. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The petitioner trespassed into the victim girl and sexually assault her. Counter case has also been registered. The petitioner has no previous case against him. Investigation has been completed in this case and charge sheet has also been filed. He vehemently opposed the grant of anticipatory bail to the petitioner.

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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, investigation has been completed and charge sheet has also been filed before the concerned Court, there is counter case has also been registered, the petitioner has no previous case and considering all other facts and circumstances of the case, 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 Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi District, 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 the satisfaction of the learned Magistrate concerned and on further condition that:

[b] the petitioner shall report before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO 3/6

Act, Thoothukudi District, at 10.30 a.m., on every Monday, for a period of four weeks, 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 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) 18.06.2026 TM 4/6

To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi District.

2.The Inspector of Police, AWPS - Thiruchendur Police Station, Thoothukudi District.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 11516 of 2026 Date : 18.06.2026 6/6