Kuppamuthu v. State of Tamil Nadu rep. byThe Inspector of Police

The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 9(m) and 10 of Protection of Child from Sexual Offences Act, 2012, in Crime No.1 of 2026, on the file of the 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6266 of 2026respondent police, seeks anticipatory bail.

The case of the prosecution is that on 01.01.2026 at 12.30 p.m., when the defacto complainant and her daughter, who is aged about 9 years, went to the shop to purchase a soap, the accused, who is running the shop, pulled the child into his house and made sexual assault, taking advantage of the fact that no one else was at home. The child escaped from the accused and reported the same to her mother and the complaint was made. Hence, the case.

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. There is previous dispute between the parties. On that motive, the present complaint has been lodged. Hence, he prays to grant Anticipatory Bail to the petitioner.

The learned Government Advocate (Crl. Side) fairly submits that the petitioner has no previous cases. The investigation in this case has been completed and draft charge sheet is made ready. However, he relying upon the 183 BNS Statement recorded from the victim, opposes to grant anticipatory bail 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6266 of 2026to the petitioner.

Heard both sides and perused the materials available on record.

Considering the rival submissions on either side and the nature of offences charged against the petitioner, and considering the fact that the petitioner has no previous case, investigation has been completed and on perusal of 183 BNS Statement of the victim, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 Special Judge, Special Court for the Exclusive trial of POCSO Act Cases, Sivagangai, and on further conditions that:[b] the petitioner shall report before the Special Court for the Exclusive trial of POCSO Act Cases, Sivagangai, on all working days at 10.30 a.m., for a period of thirty days, thereafter, as and when required for interrogation:[c] the petitioner shall not commit any offences of similar 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6266 of 2026nature.[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) 30.03.2026TM To1.The Special Judge, Special Court for the Exclusive trial of POCSO Act Cases, Sivagangai. 2. The Inspector of Police, AWPS Police Station, Sivagangai, Sivagangai District. (Crime No.1 of 2026) 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6266 of 20263.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6266 of 2026 P. DHANABAL, J.TM ORDER IN CRL OP(MD) No. 6266 of 2026 Date : 30.03.20266/6