CRL OP No. 19866 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19866 of 2026 Antony Raj ..Petitioner Vs The State Rep. by the Inspector of Police, Polur- All Women Police Station (AWPS), Tiruvannamalai District. Crime No. 18 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.18 of 2026 pending investigation on the file of the respondent. For Petitioner: Mr.E.Sathiyaraj 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 01.05.2026 for the alleged offences under Sections 75(l)(i), 75(2) of BNS Act (Corresponding Section 354A of IPC) and Section 9(m), 10 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.18 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 19866 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the defacto complainant runs a fruit shop in Kalasapakkam Bazaar. On 30.04.2026, while she was conducting her business, her son asked for ice cream. Hence, she sent her son and daughter/the victim girl, to the nearby Iyengar Bakery to buy ice cream. Within a short span of time, the victim girl returned crying. Upon inquiry, she informed her mother that she had been taken inside the shop, where the accused touched her mouth with his private parts. Hence, the complaint. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 01.05.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the statement of the victim under section 183 of BNSS has been recorded. 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. 19866 of 2026 __________ Page3 of 5 6. On perusing the statement recorded under Section 183 of the BNSS, it is observed that the victim as well as her mother has stated about the indecent acts committed by the petitioner. Though such allegations are made against the petitioner, considering the period of incarceration undergone by the petitioner since 01.05.2026 and the absence of any criminal antecedents, 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 Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai 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 is directed to stay at Villupuram District and report before the Inspector of Police, Villupuram Town Police, Villupuram daily at 10.30 a.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; https://www.mhc.tn.gov.in/judis CRL OP No. 19866 of 2026 __________ Page4 of 5 [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. 24-07-2026 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. To 1. The learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai. 2. Central Prison, Vellore. 3. The Inspector of Police, Polur- All Women Police Station (AWPS), Tiruvannamalai District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 19866 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 19866 of 2026 24-07-2026 https://www.mhc.tn.gov.in/judis