Partly allowed

Praveen @ Praveenkumar v. The State Rep By, The Inspector of Police

Madras HC2 Jul 2026CRL OP/16892/2026

Case brief

AI extract

What is this about?

Crl.O.P. filed under Section 482 BNSS seeking anticipatory bail. The court, noting the victim did not support the prosecution case despite allegations of unnatural offence and forcible intercourse, held custodial interrogation unnecessary and granted bail.

What did the court decide?

Petitioner ordered to be released on bail in the event of arrest within fifteen days, bonded for Rs.25,000 with two sureties for a like amount, on conditions of daily reporting and surrender.

Praveen @ Praveenkumar Vs The State Rep By, The… — Child Sexual Offences (POCSO) | Madras HC (2026)

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Crl.O.P.No.16892 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.07.2026

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CORAM

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THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

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Crl.O.P.No.16892 of 2026

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Praveen @ Praveenkumar

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... Petitioner

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Vs.

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The State represented by The Inspector of Police, Mandharakuppam Police Station, Cuddalore District. (Crime No.82 of 2026) ... Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.18 of 2026 pending investigation on the file of the respondent police.

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For Petitioner : Mr.R.Parthiban For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side)

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

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Crl.O.P.No.16892 of 2026

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O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent

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police for the offences punishable under Sections Girl Missing @ 5(i) and 6 of POCSO Act, in Crime No.18 of 2026 on the file of the respondent police, seeks anticipatory bail.

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The allegation against the petitioner is that there was a love affair between the petitioner and the victim and on the date of the alleged occurrence i.e., on 30.04.2026, the petitioner alleged to have had intercourse forcibly with the victim. Hence, the case.

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The learned counsel for the petitioner submitted that the petitioner

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and the victim were known to each other and upon instructions of the victim, the petitioner took her to some other place and there are no instances invoking the ingredients under Sections 5 and 6 of POCSO Act. He further submitted that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. Hence, he prayed to grant anticipatory bail to the petitioner.

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

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Crl.O.P.No.16892 of 2026

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The learned Government Advocate (Crl. Side) appearing for the

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respondent police produced the statement recorded under Section 183(5) of BNSS Act from the victim girl and submitted that there are no allegations against the petitioner invoking the offences.

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Taking into consideration the totality of the circumstances, and the fact that as per the statement recorded under Section 183(5) of BNSS Act, there are no allegations against the petitioner and that she has not supported the prosecution case and considering the age of the petitioner, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, 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 Special

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Court for Exclusive Trial of Cases under POCSO Act, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-

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

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Crl.O.P.No.16892 of 2026 (Rupees Twenty Five Thousand only), with two sureties each, for a like

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sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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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 daily at 10.30 a.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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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16892 of 2026

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(e) If the petitioner thereafter absconds, a fresh FIR can

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be registered under Section 269 of BNS Act.

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02.07.2026