Agashtinraja vs The State Rep. by, The Deputy Superintendent of Po

Court
Madras High Court

2026:MHC:4489
CRL A No. 1220 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No. 1220 of 2026
CNR: {HCMA012274872026}
Agashtinraja
S/o. Chellan,
Palaiyapattu Street,
Ulundurpet, Kallakurichi.
...Appellant/Petitioner
Vs
1. The State Rep. by,
The Deputy Superintendent of Police,
Kallakurichi District.
2. The Station House Officer
All Women Police Station - Ulundurpet,
Kallakurichi District.
Crime No.40 of 2026.
3. Bharathi
W/o.Shanmugam,
Girls Hostel Warden,
Katurba Gandhi Balika Vidyalaya (KGBV)
Undu Uraivida Palli,
Kedilam, Pali Village,
Ulundurpet Taluk,
Kallakurichi District.
...Respondents
Prayer : Criminal Appeal filed under Section 14-A(2) of SC/ST Act,
praying to set aside the order dated 25.08.2026 passed in
Crl.MP.No.1658 of 2026 on the file of the Learned Principal District and
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2026:MHC:4489
CRL A No. 1220 of 2026
Sessions Judge, Kallakurichi and to enlarge the appellant on bail in
connection with Cr.No.40 of 2026 on the file of the Respondent Police.
For Appellant: Ms.S.Raji
For Respondents: Ms.Sharada Vivek
Additional Public Prosecutor
for R1 and R2
Ms.K.Meena .
Legal Aid Counsel
for R3
JUDGMENT
The Criminal Appeal challenges the order passed by the learned
Principal District and Sessions Judge, Kallakurichi in Crl.M.P.No.1658 of
2026 dated 25.08.2026, dismissing the appellant's bail application filed in
Cr.No.40 of 2026, registered for the offences under Sections 10, 11(1),
12, 9(f) of the POCSO Act r/w Section 3(1)(w)(i) of the SC/ST Act.
2. It is the case of the prosecution that the appellant was working as
a PT teacher in a Government School at Thirunavalur Village; that he had
committed aggravated sexual assault on some of the victim girls by
inappropriately touching their shoulders, kissing, and hugging them; and
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2026:MHC:4489
CRL A No. 1220 of 2026
that he had also caused sexual harassment to some of the victim girls by
talking to them inappropriately and thus committed the aforesaid
offences.
3. The learned counsel for the appellant would submit that the
appellant has been dismissed from the school; that the final report has
been filed and his further custody is not required for the purpose of
investigation and trial and prayed for setting aside the impugned order.
4. Though notice has been sent to the victims and the de-facto
complainant/third respondent, none has entered appearance. Hence, this
Court appointed Ms.K.Meena as Legal Aid Counsel to represent the de-
facto complainant.
5. The learned Legal Aid Counsel for the third respondent would
submit that the appellant is a habitual offender; that he has not only
misbehaved with several victims; that if he is let out on bail at this stage,
there is a possibility of tampering with the witnesses; and prayed for
dismissal of the appeal.
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CRL A No. 1220 of 2026
6. Heard the learned Additional Public Prosecutor for the
respondents 1 and 2, who would submit that the final report has now been
filed before the trial Court.
7. By the impugned order, the learned Judge dismissed the bail
application mainly on the ground that the investigation was incomplete
and that victims had not made their statements under Section 183 of the
BNSS before the learned Magistrate.
8. It is now reported that the investigation has been completed and
a final report was filed on 16.10.2026. The allegation against the
appellant, as could be seen from the final report, is that he had
inappropriately touched the shoulders of few victims, hugged some of
them, and had also passed lewd comments at some of the victims and
caused sexual harassment.
9. The appellant has now been dismissed from the School.
Considering the period of incarceration and the above facts, this Court is
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CRL A No. 1220 of 2026
of the view that the impugned order is liable to be set aside, and the
appellant is entitled to bail on the following conditions:
(i) The appellant 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 Principal District and
Sessions Judge, Kallakurichi;
(ii) the appellant and the sureties shall affix their
photographs and Left Thumb Impression in the
surety bond and the trial Court may obtain a copy
of their Aadhar card or Bank pass Book and
mobile numbers to ensure their identity;
(iii) the appellant shall appear before the trial
Court on the first working day of every month and
on all hearings;
(iv) the respondent police is directed to ensure
that there is no threat to the life and safety of the
de-facto complainant. In the event of any threat,
appropriate steps are to be taken.
(v)the appellant shall not commit any offence of
similar nature;
(vi) the appellant shall not abscond either during
investigation or trial;
(vii)the appellant shall not tamper with evidence
or witness either during investigation or trial;
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CRL A No. 1220 of 2026
(viii)on breach of any of the aforesaid conditions,
the learned Sessions Judge/Trial Court is entitled
to take appropriate action against the appellant in
accordance with law as if the conditions have been
imposed and the appellant released on bail by the
learned Sessions Judge/Trial Court himself as laid
down by the Hon'ble Supreme Court in P.K.Shaji
vs. State of Kerala [(2005)AIR SCW 5560] ;
(ix)i f the appellant thereafter absconds, a fresh
FIR can be registered under Section 229A IPC.
10. In view of the above, the impugned order, dated 25.08.2026 in
Crl.M.P.No.1658 of 2026 passed by the learned Principal District and
Sessions Judge, Kallakurichi, is set aside and the Criminal Appeal is
allowed.
11. The High Court Legal Services Committee shall pay the
scheduled fees to Ms.K.Meena, the learned Legal Aid Counsel for the
third respondent.
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Note: Issue order copy today.
dk
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2026:MHC:4489
CRL A No. 1220 of 2026
To
1. The Principal District and Sessions Judge,
Kallakurichi.
2. The Deputy Superintendent of Police
Kallakurichi District.
3. The Station House Officer
All Women Police Station - Ulundurpet,
Kallakurichi Ditrict.
4. The District Jail,
Vedampattu.
5. The Public Prosecutor,
High Court of Madras,
Chennai – 600 104.
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2026:MHC:4489
CRL A No. 1220 of 2026
SUNDER MOHAN, J.
dk
CRL A No. 1220 of 2026
10-11-2026
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