Mariya Anthony v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Dindigul

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

Crime No.41 of 2025.

... Respondent/Complainant For Petitioner : Mr.J.Lawrance, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.41 of 2025 on the file of the respondent Police.

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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 9(f) r/w.10, 17 and 21(i) of POCSO Act, 2012, in Crime No.41 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is working as Physical Teacher at Achuta Public School, where the defacto complainant's daughter is studying seventh standard. It is said that the petitioner misbehaved with the defacto complainant's daughter. Hence the defacto complainant made a complaint to the other accused, who have failed to take necessary action against the petitioner. They also asked the defacto complainant to change the school. 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 Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner misbehaved with the defacto complainant's daughter. Hence, the defacto complainant made a complaint to the other accused, who have failed to take necessary action against the petitioner. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. According to the petitioner, earlier the victim's brother was expelled from the school a few months ago for using a tobacco product called "cool lip," which led to a motive for revenge. Considering the above facts and circumstances of the case, 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 order, before the learned Special Judge, Special Court for Exclusive Trial 3/6

of POCSO Act Cases, Dindigul, 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 daily at 10.30 a.m until further orders. He has to co-operate for the 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 conditions have been imposed and the petitioners released on 4/6

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 Exclusive Trial of POCSO Act Cases, Dindigul.

2. The Inspector of Police, All Women Police Station, Dindigul Rural, Dindigul District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.20126 of 2025 Date : 14/11/2025 6/6