Mathavan v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 15538 of 2026 Mathavan

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District. (Crime No.15 of 2026)

...Respondent/Complainant

For Petitioner : Mr.S.Yogeswaran

Advocate

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 15 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 04.06.2026, for the offences punishable under Sections 115(2) of BNS, Section 4 of the TNPHW Act r/w. Sections 7 and 8 of the POCSO Act, in Crime No.15 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the while the victim was going along with his mother, the petitioner attempted to molest her by pressing her breast. Hence quarrel was erupt and subsequently the petitioner joining hands with other family members attacked them with hands and legs and also caused severe injuries. After admitting into the hospital, the complaint was lodged and the case has been registered and the petitioner has been arrested.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that due to previous enmity over a property dispute, this present complaint has been lodged against the petitioner with false accusations. He is in judicial custody from 04.06.2026 and ready to abide by the condition, if any imposed by this Court. It is unbelievable that during the night time when the victim girl was accompanying with the mother the petitioner has attempted to molest her by dragging her to nearby place. Hence, he prayed for grant of bail.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the investigation in this case is still pending. The statement of the victim girl under Section 183(5) of BNSS has also been registered. Hence, he opposed the grant of bail to the petitioner.

¶5This Court heard both sides and perused the materials available on record.

6.Considering the rival submissions made on either side, nature of the offences, specific overt act attributed against the petitioner, statement of victim girl recorded under Section 183(5) of BNSS and other connected circumstances, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to the condition: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, Trichy, and on further conditions that: [b] the petitioner shall report before the learned Sessions Judge, Mahila Court, Trichy, at 10.30 a.m., on all working days, for a period of four weeks. [c] the petitioner shall not enter into the police jurisdictional limit, where the victim girl is residing: [d] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [e] the petitioner shall not abscond either during investigation or trial; [f] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [g] 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 51730]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J)

28.07.2026 TM To

1.The Sessions Judge, Mahila Court, Trichy.

2.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District. (Crime No.15 of 2026)

3.The Superintendent, Central Prison, Trichy.

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

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 15538 of 2026 Date : 28.07.2026