[Cites 2, Cited by 0]
Madras High Court
Muthaiyan vs State Represented By on 8 April, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.8763 of 2026
Muthaiyan ... Petitioner(s)
Vs.
State rep. by the Inspector of Police,
All Women Police Station,
Nannilam, Tiruvarur District. ... Respondent(s)
[Crime No.07 of 2026]
PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.07 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.S.Jabasingh Inbaraj
For Respondent(s) : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
23.02.2026 for the alleged offences under Section 7 r/w Section 8 of POCSO
Act, 2012, in Crime No.07 of 2026, on the file of the respondent police, seeks
bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner is aged 76 years and
the victim girl is aged 8 years; that on 22.02.2026, when the victim girl was
alone in her home, the petitioner, with the sexual intent, has committed sexual
assault on the victim girl by touching her private part. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is aged 76 years and that there was a money dispute between the petitioner and
the victim’s family and in furtherance thereof, the present complaint has been
filed. He would further submit that the petitioner has been under incarceration
since 23.02.2026.
4. At this juncture, the learned Government Advocate would strongly
object the bail application and he has produced the statement of the victim
recorded under Section 183(5) of BNSS, 2023, by the Magistrate on 26.02.2026,
where there is a reference about the bad touch made by the petitioner.
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side.
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6. Though the allegation on the face of it serious in nature, considering
the incarceration of the petitioner since 23.02.2026 and upon considering the
age of the petitioner, this Court is inclined to enlarge the petitioner on bail with
certain stringent conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his
executing 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
Sessions Judge, Fast Track Mahila Court, Tiruvarur, subject to the following
conditions:
[a] 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 the identity proofs to ensure their identity;
[b] the petitioner shall stay at Trichy and report before
the Cantonment Police Station daily at 10.30 a.m for a period
of 30 days and thereafter, appear before the respondent police
as and when required for interrogation;
[c] the petitioner shall not abscond either during
investigation or trial;
[d] the petitioner shall not tamper with the evidence or
witness either during investigation or trial;
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[e] on breach of any of the aforementioned conditions,
the learned Magistrate/Trial Court is entitled to take
appropriate action against the petitioners in accordance with
law as if the conditions had been imposed and the petitioners
released on bail by the learned Magistrate/Trial Court itself,
as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may
be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
08.04.2026
ata
Note:
1. Registry is directed to forthwith upload this order in the Official
Website of this Court.
2. All concerned to act on this order being uploaded in Official
Website of this Court without insisting on certified hard copies. To
be noted, this order when uploaded in the official website of this
Court will be watermarked and will also have a QR code.
https://www.mhc.tn.gov.in/judis
To
1. The Sessions Judge, Fast Track Mahila Court, Tiruvarur.
2. The Superintendent, District Jail, Nagapattinam.
3. The Inspector of Police, All Women Police Station,
Nannilam, Tiruvarur District..
4. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN,J.
ata
08.04.2026
https://www.mhc.tn.gov.in/judis
