CRL OP No. 19005 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 19005 of 2026 Prakash ..Petitioner Vs The Inspector of Police, Avinashi All Women Police Station, Tiruppur District. (Crime No.15 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.15/2026 on the file of the Respondent. For Petitioner: Mr.T.Balachandran For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 13.06.2026 for the alleged offences under Sections 9(m), 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in Crime No.15 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the defacto complainant married one Brindha and they were blessed with two female children. Owing to matrimonial https://www.mhc.tn.gov.in/judis CRL OP No. 19005 of 2026 __________ Page2 of 6 disputes, Brindha separated from the defacto complainant and started living with the present petitioner for about six years. Subsequently, the defacto complainant took both his daughters to his custody. Thereafter, the victim girl disclosed that the petitioner had sexually harassed her by touching her private parts. Based on the complaint, the respondent police registered the present case. 3.The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated. It is submitted that the petitioner and the mother of the victim had been living together as husband and wife for the past six years without any complaint. The learned counsel would further submit that the alleged occurrence is stated to have taken place in the year 2024, whereas the complaint came to be lodged only in the year 2026. Hence, he prayed for grant of bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent opposed the bail application and submitted that the victim has specifically alleged that the petitioner had inappropriately touched her private parts. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. https://www.mhc.tn.gov.in/judis CRL OP No. 19005 of 2026 __________ Page3 of 6 6. On a perusal of the FIR, it is seen that the defacto complainant married one Brindha and they were blessed with two female children. Owing to misunderstanding between them they separated and thereafter Brindha lived with the petitioner as husband and wife for nearly six years. Subsequently, the defacto complainant took custody of both the children. The allegation against the petitioner is that he had inappropriately touched the victim during the year 2024. Admittedly, the complaint has been lodged only in the year 2026. Considering the delay in lodging the complaint and the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail, subject to certain 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 for a like sum each to the satisfaction of the learned Magalir Needhi Mandram (Fast Track Mahila Court), Tiruppur, Tiruppur District and 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 report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter https://www.mhc.tn.gov.in/judis CRL OP No. 19005 of 2026 __________ Page4 of 6 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; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner 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. 17-07-2026 NSL 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 CRL OP No. 19005 of 2026 __________ Page5 of 6 To 1. The Magalir Needhi Mandram (Fast Track Mahila Court), Tiruppur, Tiruppur District. 2. The Tiruppur Prison, Tiruppur District. 3. The Inspector of Police, Avinashi All Women Police Station, Tiruppur District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 19005 of 2026 __________ Page6 of 6 G.K.ILANTHIRAIYAN, J. NSL CRL OP No. 19005 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis