Allowed¶30

Maduraiveeran v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thiruchuli

Madras HC23 Feb 2026CRL OP(MD)/1580/2026

Case brief

AI extract

What is this about?

Anticipatory bail granted; Crl.O.P.(MD)No.1580 of 2026; Madurai Bench of Madras High Court; Justice S.Srimathy; Sec.482 BNSS; POCSO Act Section 5(l)(j-ii) r/w Section 6; Crime No.39 of 2026; All Women Police Station Thiruchuli, Virudhunagar District; minor victim aged 15; promise of marriage; pregnancy; interim anticipatory bail made absolute; bond Rs.10,000/- two sureties; daily reporting 10.30 a.m. two weeks; P.K.Shaji vs. State of Kerala (2005) AIR SCW 5560; Section 269 BNS fresh FIR on absconding.

What did the court decide?

Anticipatory bail granted; the interim anticipatory bail already granted was made absolute, subject to specified conditions (bond of Rs.10,000/- with two sureties each for a like sum, daily reporting for two weeks, identity verification, no tampering, no absconding). ¶30

Maduraiveeran Vs State Of Tamilnadu Rep By… — Child Sexual Offences (POCSO) | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Sec.482 of BNSS should be granted to the petitioner, who apprehends arrest for the offences punishable under Section 5(l)(j-ii) r/w Section 6 of POCSO Act in Crime No.39 of 2026 on the file of the respondent police.

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Court's answer

Taking into consideration the facts and circumstances of the case, and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and anticipatory bail is granted with certain conditions.

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Ratio / Principle

The petitioner is ordered to be released on bail in the event of arrest or on his appearance on executing a bond for Rs.10,000/- with two sureties each for a like sum, to the satisfaction of the Learned Judicial Magistrate, Tiruchuli, within fifteen days, subject to further conditions including affixation of photographs/left thumb impressions, daily reporting before the respondent police at 10.30 a.m. for two weeks, and non-tampering with evidence or witnesses.

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Key takeaways

On breach of the aforesaid 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 bail granted by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala.ratio¶41
If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.ratio¶43

Detailed headnote1 paragraphs

Anticipatory bail under Sec.482 of BNSS granted by the Madurai Bench of Madras High Court (S. Srimathy, J.) to an accused facing arrest in Crime No.39 of 2026 of the All Women Police Station, Thiruchuli, for offences under Section 5(l)(j-ii) r/w Section 6 of POCSO Act involving a 15-year-old victim allegedly involved in a relationship on the promise of marriage resulting in pregnancy. As the petitioner had regularly complied with the conditions of the interim anticipatory bail already granted, the interim bail was made absolute and anticipatory bail granted subject to execution of a bond of Rs.10,000/- with two sureties each for a like sum, daily reporting before the respondent police at 10.30 a.m. for two weeks, and conditions against tampering and absconding; on breach, the Magistrate/Trial Court may take appropriate action as if it had itself granted bail, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560], and if the accused absconds, a fresh FIR can be registered under Section 269 of BNS.

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Crl.O.P.(MD)No.1580 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 23.02.2026

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PRESENT

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The HONOURABLE MRS.JUSTICE S.SRIMATHY

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CRL OP(MD)No.1580 of 2026

Maduraiveeran

... Petitioner

Vs.

State of Tamil Nadu, Through the Inspector of Police, All Women Police Station, Thiruchuli, Virudhunagar District. (Crime No.39 of 2026) ... Respondent

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For Petitioner : Mr.A.Balaji For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :-

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For Anticipatory Bail in Cr.No.39 of 2026 on the file of the respondent police.

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ORDER: The Court made the following order :-

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

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for the offences punishable under Section 5(l)(j-ii) r/w Section – 6 of POCSO

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

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Crl.O.P.(MD)No.1580 of 2026

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Act in Crime No.39 of 2026, on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the victim girl is studying 11^th standard. When she went missing on 19.01.2026, the father of the victim girl had informed the police by dialing 100 and thereafter, as the victim girl had returned home within some time, they had dialled to 1098 on 20.01.2026. When the officials enquired the victim girl, she had stated that she had been in love relationship with the accused for the past 2 years and upon the assurance of the accused that they both would get married, the accused had physical relationship with the victim in one Murugan's newly constructed house on 13.12.2025 around 10.00a.m resulting in the pregnancy of the victim girl. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court 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.(MD)No.1580 of 2026

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4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.

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5.On perusing the 164 statement it is seen that the petitioner has forced the victim under promise of marriage. Further, the victim is only 15 years old.

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Taking into consideration of the facts and circumstances of the case and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate, Tiruchuli, Virudhunagar District, within a period of fifteen days from the date on which the order copy made ready and on further conditions that:

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

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Crl.O.P.(MD)No.1580 of 2026

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[a]the petitioner and the sureties shall affix their photographs and left

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thumb impression in the surety bond and the Magistrate may obtain a copy of

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their Aadhaar card or bank pass book to ensure their identity.

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[b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required.

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[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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[d]the petitioner shall not abscond either during investigation or trial.

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[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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

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[(2005)AIR SCW 5560].

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[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

23.02.2026

TMG

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