CRL OP(MD). No.17103 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.08.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17103 of 2026 Sankar @ Sankilimadan ... Petitioner/ Accused No.1 Vs State of Tamilnadu represented by The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District. (Crime No.37 of 2026) ...Respondent/ Complainant For Petitioner : Mr.R.Pon Karthikeyan, Advocate For Respondent : Mr.N.Balasubramanian, Counsel for State of TN(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.37 of 2026 on the file of the Respondent police. 1/6 CRL OP(MD). No.17103 of 2026 ORDER : The Court made the following order :- The petitioner / first accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7, 8 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), r/w Section 296(b) BNS, in Crime No.37 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that there existed love affairs between the petitioner and the defacto complainant's daughter, who is aged 15 years and that when the defacto complainant asked her daughter about the same, she told that the petitioner, by promising to marry her, had hugged and kissed her and the defacto complainant told the same to the second accused, who is the mother of the petitioner, for which, the second accused abused the defacto complainant in filthy language. Hence, the complaint. 3. The learned counsel appearing for the 2/6 CRL OP(MD). No.17103 of 2026 petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the second accused was granted anticipatory bail by this Court in Crl.O.P.(MD)No. 16404 of 2026 on 05.08.2026. 4. The learned Counsel for State of TN (Criminal Side) appearing for the respondent police would submit that there existed love affairs between the petitioner and the victim girl and he has produced the copy of the 183 B.N.S.S. statement recorded by the learned Judicial Magistrate. 5. The only allegation levelled against the petitioner in the FIR is that he kissed the victim girl. Moreover, in the statement recorded under Section 183 B.N.S.S., the victim girl has only stated that there existed love affairs between her and the first accused. 6. Considering the nature of the offence and 3/6 CRL OP(MD). No.17103 of 2026 also the allegations levelled against the petitioner and taking note of the statement now given by the victim girl before the Magistrate, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Special Court for Exclusive Trial of POCSO Act cases, Thoothukudi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b]the petitioner shall report before the 4/6 CRL OP(MD). No.17103 of 2026 respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioner shall not abscond either during investigation or trial; [e]On breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 13.08.2026 CSM 5/6 CRL OP(MD). No.17103 of 2026 K.MURALI SHANKAR,J CSM TO 1.The Judge, Special Court for Exclusive Trial of POCSO Act cases, Thoothukudi. 2.The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.17103 of 2026 Date : 13.08.2026 6/6