Citation : 2026 Latest Caselaw 1701 Mad
Judgement Date : 8 April, 2026
Crl.M.P.No.4075 of 2026
in Crl.O.P.No.5386 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2026
CORAM :
THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.M.P.No.4075 of 2026
in Crl.O.P.No.5386 of 2026
M.Santhaseelan .. Petitioner
Versus
1. The State of Tamil Nadu,
Represented by
The Inspector of Police,
All Women Police Station,
Polur, Tiruvannamalai District.
(Cr.No.66 of 2025)
2. The District Child Protection Officer,
Tiruvannamalai District,
Tiruvannamalai. .. Respondents
Prayer : Criminal Miscellaneous Petition filed under Section 528 of
BNSS, to stay all further proceedings of the case in Spl.S.C.No.01 of 2026
on the file of the Special Court for Exclusive Trial of Cases under POCSO
Act, Thiruvannamalai, pending disposal of the quash petition.
For Petitioner : Mr.R.Srinivas, Senior Counsel,
for Mr.S.V.Karthikeyan
For Respondents : Mr.Leonard Arul Joseph Selvam,
Additional Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.4075 of 2026
in Crl.O.P.No.5386 of 2026
ORDER
Notice.
2. Mr.Leonard Arul Joseph Selvam, learned Additional Public
Prosecutor takes notice to the respondents.
3. The petitioner/accused No.1 has filed this quash application.
The contention of the petitioner is that he is a Tamil teacher in the
Government School and the case projected against him is that he had made
improper touch on the school students. In this case, seven students had
given statements under Section 164 of Cr.P.C. None of the victims had
stated anything against the petitioner. With regard to the statement under
Section 161 of Cr.P.C., four witnesses have been projected and these four
witnesses have also not stated anything against the petitioner and two
witnesses have stated that at the time of giving while collecting books, he
made a touch on their chests, but, they also qualified that it is without any
intention. One of the students also stated that the petitioner’s daughter,
who could have been of the same age, had recently passed away and the
petitioner was very much affected by it and he is treating all the students as
https://www.mhc.tn.gov.in/judis
his daughter. In this case, F.I.R was registered on 29.07.2025 and the
petitioner was arrested on 30.07.2025. After his arrest, he moved bail
application in Crl.O.P.No.22649 of 2025 before this Court. This Court,
after going through the statements, by its order, dated 22.08.2025, recorded
that it is a foisted case for some oblique motive.
4. Today, the learned Additional Public Prosecutor for the
respondents produces the statements of the seven victims under Section
164 of Cr.P.C.
5. Finding prima facie case, this Court stays the further
proceedings in Spl.S.C.No.01 of 2026 on the file of the Special Court for
Exclusive Trial of Cases under POCSO Act, Thiruvannamalai, till
05.06.2026.
6. Post this case on 05.06.2026.
08.04.2026 grs
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
grs
To
1. The Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai.
2. The Public Prosecutor, High Court of Madras.
3. The Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District.
4. The District Child Protection Officer, Tiruvannamalai District, Tiruvannamalai.
08.04.2026
https://www.mhc.tn.gov.in/judis
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