P Mullaiventhan Vs State by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant Anticipatory bail in the event of his arrest by the Respondent Police in respect of the Cr.No.13 of 2026 on the file of the Respondent Police Station Pending investigation.

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For Petitioner:	Mr.T.Sakthivel
For Respondent:	Ms.R.S.Indira
	Govt Advocate (Crl.Side)

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ORDER

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The petitioner apprehends arrest for the alleged offence under Sections

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74, 75 of BNS in Crime No.13 of 2026 on the file of the respondent police seeks anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16477 of 2026

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The case of the prosecution is that on 13.04.2026, when the defacto complainant/victim girl was alone in her house, the petitioner entered into her

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house from the backyard and committed sexual assault on the defacto complainant. Thereafter, he also threatened her not to disclose to anyone. Hence, the case.

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The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He submits that petitioner had acquaintance with the defacto complainant. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that this is the 2^nd anticipatory bail application of the petitioner. He submits that petitioner sexually harassed the defacto complainant. He also submits that one previous case is pending against him which is registered under TNP Act. Hence, she opposed to grant anticipatory bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16477 of 2026

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5. I have given my anxious consideration to either side submissions and perused the materials available on record.

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Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, though allegation was made against the petitioner, while looking into the FIR, the occurrence took place on 09.04.2026 however, FIR came to be registered on 13.04.2026. Hence, considering the totality of the circumstances, this Court is of the firm view that at this length of time custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on 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 cum District Munsif at Nannilam, on condition that the petitioner shall

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execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only),

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with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16477 of 2026

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(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;

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(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;

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(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., and 05.30 p.m until further orders;

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(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 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];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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06-07-2026

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NR

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16477 of 2026