B.Pandithurai v. State of Tamilnadu Rep by Inspector of Police, Awps - Dindigul Rural

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY B.Pandithurai ... Petitioner/Accused

Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Dindigul Rural, Dindigul District. Crime No.11 of 2025. ... Respondent/Complainant For Petitioner : Mr.G.M.Xavier

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.11 of 2025 in Spl.S.C.No.104 of 205 on the file of the Special Court for Exclusive Trial of POCSO Cases, Dindigul. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.03.2025 for the offences punishable under Sections 87 and 137(2) of BNS, 2023, and Section 7 r/w. 8 of POCSO Act, 2012, in Crime No.11 of 2025 in Spl.S.C.No.104 of 205 on the file of the Special Court for Exclusive Trial of POCSO Cases, Dindigul, seeks bail.

¶2The case of the prosecution is that on 13.03.2025 at about

1.30 p.m., while the victim was walking to school on the Chinnalpatti– Thirunagar Road, the petitioner allegedly forced her to get onto his motorcycle and attempted to hug her. The child escaped by pushing him away and ran off. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 15.03.2025. Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor submitted that Act 14 was initially invoked and subsequently revoked. He further submitted that the victim is 13 years old, the trial has already commenced, and the case is posted for hearing tomorrow.

¶5Considering the allegation against the petitioner that he attempted to hug the girl, and that there was no penetrative assault, and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing 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 POCSO Cases, Dindigul, 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the Trial Court daily at 10.30 a.m., until the trial is completed. The petitioner shall not intimidate the victim or her family and he shall not enter the street, school/college, house, or any place where the victim is present and this condition shall not ben relaxed until trial is completed. [c] the petitioner shall not tamper with the 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 petitioner is 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (S S Y J)

11.02.2026 jbr TO

¶1The Special Judge, Special Cout for POCSO Judge, Dindigul.

¶2The Superintendent, Central Prison, Madurai.

¶3The Inspector of Police, All Women Police Station, Dindigul Rural, Dindigul District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J jbr ORDER IN CRL OP(MD) No.1818 of 2026 Date : 11/02/2026