Crl.O.P.No.16345 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.16345 of 2026 1.Mrs.Malarkodi 2.A.M.Balakrishnan ... Petitioners Vs. The State Rep. by The Inspector of Police, All Women Police Station, Avadi Police Station, Tiruvallur District. (Crime No.17 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.17 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.Abdul Samath For Intervenor : Mr.M.Gangatharan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offences under Sections 11(1), 12, 17 of POCSO Act, in Crime No.17 of 2026 on the file of the respondent police seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16345 of 2026 2. The case of the prosecution is that the petitioners, in furtherance of their common intention, abused the de facto complainant in filthy language, made defamatory allegations regarding her character and that of her minor daughter, and humiliated them in public. Hence, the case. 3. The learned counsel for the petitioners submitted that the second petitioner is the brother of the first petitioner. He further submitted that the first petitioner is married to one Anand, who allegedly has a relationship with one Devi, the de facto complainant. In this connection, the petitioners went to the house of the said Devi for conciliation, at which time a wordy quarrel ensued. He further submitted that the complaint was subsequently registered at the instigation of the first petitioner’s husband in order to wreak vengeance against the petitioners. He also submitted that these petitioners had already given a prior complaint against the first petitioner's husband. Hence, he prayed for the grant of anticipatory bail to the petitioners. 4. The learned counsel appearing for the intervener submitted that the petitioners entered the premises and misbehaved with the minor girl. He further submitted that the FIR was registered with a delay only upon 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16345 of 2026 obtaining a direction from the Court. Hence, he opposed the grant of anticipatory bail to the petitioners. 5. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of anticipatory bail and submitted that the alleged occurrence took place on 11.04.2026 and the FIR came to be registered on 11.06.2026. 6. Taking into consideration the totality of the circumstances, including the delay in lodging the FIR, the fact that only verbal abuse and no physical abuse is alleged, that the first petitioner is a woman and the second petitioner is her brother, and considering the matrimonial discord between the first petitioner and the said Anand as well as the alleged relationship between Anand and the de facto complainant, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions: 7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16345 of 2026 the learned POCSO Court, Thiruvallur, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 petitioners fails to surrender before the concerned 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks, and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16345 of 2026 State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 08.07.2026 cda To 1.The POCSO Court, Thiruvallur. 2.The Inspector of Police, All Women Police Station, Avadi Police Station, Tiruvallur District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16345 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.16345 of 2026 08.07.2026 6/6 https://www.mhc.tn.gov.in/judis