Jayachanderan v. The State Rep by the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offences under Sections 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, in Crime No.48 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner is approximately twenty-nine years and the victim is approximately thirteen years old. It is alleged that on 28.06.2026 at about 18.55 hours, when the victim was returning Page2 of 4 from a petty shop, the petitioner pinched her hip, hugged her and touched her breasts. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further stated that the alleged occurrence took place on 28.06.2026. The learned counsel for the petitioner stated that the petitioner has a 45% locomotive disability. He further stated that the petitioner had advanced a hand loan to the defacto-complainant. Since, there was a dispute regarding the repayment of the loan, the present complaint was registered by using the minor girl. Hence, he prays to grant anticipatory bail to the petitioner.

4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police produced the victim's statement recorded under Section 183 of the BNSS and he opposed the grant of anticipatory bail to the petitioner.

5.On a perusal of the same, it is revealed that there are two occurrences: one without reference to any date involving an inappropriate touch on her chest, and the other involving holding her hand on 28.06.2026. Considering the fact that the petitioner is a differently abled person and in view of the limited allegations contained in the statement recorded under Section 183 BNSS, this Page3 of 4 Court is of the firm view that the custodial interrogation of the petitioner is not necessary at this juncture. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the Judicial Magistrate Court, Omalur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police daily morning at 10.30 a.m. evening at 5.30 p.m. for a period of two weeks; thereafter as and when required for interrogation; Page4 of 4

C.KUMARAPPAN, J.

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 27-07-2026 ep To

1.The Judicial Magistrate Court, Omalur.

2.,The Inspector of Police All Women Police Station (AWPS), Omalur, Salem District.

3.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Jayachanderan ..Petitioner(s) Vs The State Rep by The Inspector of Police All Women Police Station (AWPS), Omalur, Salem District. Crime No.48 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.48 of 2026 on the file of the Respondent Police. For Petitioner(s): Mr.K A M Jagadish Kumar For Respondent(s): Mr.N.Palanivel, Government Advocate (Criminal Side)