Krishnaveni v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY S.Krishnaveni ... Petitioner/Accused Vs The State of Tamilnadu, Rep., By the Inspector of Police, All Women Police Station, Madurai South, Madurai District.

(Crime No 38 of 2025). ... Respondent/Complainant For Petitioner : Mr.R.Gandhi Senior Counsel for Mr.K.Althaf Sheriff For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.38 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 7 and 8 of POCSO Act and Section 296(b) of BNS, 2023, in Crime No.38 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the victim is studying at Thiagarajar Higher Secondary School, where the petitioner is working as an Assistant Headmistress. A-1 misbehaved with the victim girl, and the petitioner is alleged to have abused the victim girl. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail 2/6

to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that A-1 misbehaved with the victim girl, and the petitioner is alleged to have abused the victim girl. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. The allegation against A-2 and A-3 is that when the victim informed them about the alleged offence, they failed to take proper action. Further, the petitioner submitted that since the defacto complainant is a Malaysian citizen, she was directed to produce a Form-2 certificate, but the petitioner cannot issue such a certificate as it is not a residential school. There was already previous enmity between the parties. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this 3/6

order, before the learned Special Judge, Special Court for POCSO Cases, Madurai, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 report before the respondent police as and when required for investigation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 4/6

conditions have been imposed and the petitioners 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;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 14.11.2025 jbr TO

1. The Special Court for POCSO Cases, Madurai.

2. The Inspector of Police, All Women Police Station, Madurai South, Madurai District.

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

5/6

S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.20142 of 2025 Date : 14/11/2025 6/6