Crl.O.P.No.17771 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17771 of 2026 Jayabalan ... Petitioner Vs. The State Represented by, The Inspector of Police, Thirubuvanai Police Station, Puducherry District. (Crime No.86 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.86 of 2025 on the file of respondent Police. For Petitioner : Mr.C.R.Gokulvisvas For Respondent : Mrs.G.Djearany Omprakash, Government Advocate (Crl.Side) Puducherry O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 351(3), 64(1) of BNS Act, altered to Section 4 of POCSO Act, 2012, r/w 126(2), 351(3) of BNS, 2023, in Crime No.86 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17771 of 2026 2. The case of the prosecution is that, on 01.06.2026 at about 7.00 a.m., the victim girl, who is a minor, was allegedly sexually assaulted by A1, Kumaresan, at her workplace. Hence, the case. 3. The learned counsel for the petitioner submitted that, based on the statement of the victim, the allegation against the petitioner is that he failed to take action on her complaint regarding the sexual assault committed by A1. He further submitted that he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the anticipatory bail application and submitted that the only overt act attributed to the petitioner is the one arising under Section 21 of the POCSO Act. 5. Taking into consideration the totality of the circumstances, and the fact that there is no serious allegation against the petitioner except the allegation under Section 21 of the POCSO Act, this Court is of the firm view that, at this length of time, the custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions: 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17771 of 2026 6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.VI, Puducherry, on condition that the petitioner shall execute a 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 petitioner fails to surrender before the concerned learned 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 petitioner shall report before the respondent police daily at 10.30 p.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 petitioner in accordance with law as if the 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17771 of 2026 conditions have been imposed and the petitioner 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. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 09.07.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17771 of 2026 To 1.The Judicial Magistrate No.VI, Puducherry. 2.The Inspector of Police, Thirubuvanai Police Station, Puducherry District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17771 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.17771 of 2026 09.07.2026 6/6 https://www.mhc.tn.gov.in/judis