Kalarani vs The Deputy Superintendent of Police

Court
Madras High Court

CRL A(MD) No. 1244 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE D.LINGESWARAN
CRL A(MD) No. 1244 of 2026
CNR:{HCMD011450432026}
Kalarani
D/o. Savuri Raj,
3/45, North Street,
Meezaloor,
Virudhunagar Taluk and District.
..Petitioner(s)
Vs
1. The Deputy Superintendent of Police
Peraiyur Sub Division,
Madurai District.
2. State Of Tamilnadu Rep By Inspector Of Police,
All Women Police Station,
Peraiyur, Madurai District.
Crime No. 17/2026.
3. M.Dharmaseelan
The District Child Protection officer.
District Child Protection Unit,
Collectorate,
Madurai District- 625 020
..Respondent(s)
PRAYER: Criminal Appeal filed under Section 14(A) (2) of Schedule
Caste/Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015,
seeking to set aside the order of the learned Principal Special Court for
Exclusive Trial of Cases under POCSO Act, Madurai in Crl.M.P.No.779
of 2026 dated 31.08.2026 and enlarge the appellant on bail in Crime
st
No.17 of 2026 on the file of the 1 respondent police.
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CRL A(MD) No. 1244 of 2026
For Appellant (s) :M/s M.Jegadeesh Pandian
For Respondent(s) : Mr.G.Ganesh Kumar,
Government Advocate (crl.side)
For R1 and R2
JUDGMENT
This appeal is directed against the order declining bail to the
petitioner/ appellant by the Principal Special court for Exclusive Trial of
Cases under POCSO Act, Madurai in Crl.M.P.No.779 of 2026, dated
31.08.2026.
2. The learned counsel for the appellant submitted that the
appellant is arrayed as Accused No. 4 in Crime No. 17 of 2026. The
appellant was arrested on 23.07.2026 and has been in judicial custody
since then, for approximately 110 days. He further submitted that the
appellant, who is aged above 50 years, is suffering from an enlarged
uterus with a fundal fibroid. Therefore, he prayed that the appellant be
enlarged on bail.
3. The learned Government Advocate (Crl. Side) submitted that the
appellant is arrayed as Accused No. 4 in Crime No. 17 of 2026 for the
offences punishable under Sections 5(l) read with Section 6, Section 9(p),
and Section 16 read with Section 17 of the POCSO Act, and Section 3(1)
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CRL A(MD) No. 1244 of 2026
(w)(i) of the SC/ST (PoA) Act. He further submitted that the
investigation has been completed and the charge sheet has been filed
before the jurisdictional Court, though the trial has not yet commenced. It
is contended that there are serious allegations against the appellant and
the other co-accused. According to the learned Government Advocate
(Crl. Side), if the appellant is released on bail, there is a likelihood of her
intimidating the victim and other prosecution witnesses. Therefore, he
strongly opposed the grant of bail to the appellant. The mother of the
survivor who appeared in person also opposed the bail.
4. This Court has given its thoughtful consideration to the rival
submissions put forth by either side.
5. On careful perusal of records, it is found that it is the case of the
prosecution that a minor inmate residing at the Blossom Spring Home
Trust building (Children Home) at Kallikudi Taluk, Madurai Distrtict,
was subjected to sexual assault by the first accused. The victim is a child
staying in the said home, where this appellant worked as
Psychologist/Counselor in the said home. Though the victim disclosed
the crime committed on her to this appellant, she did not take any steps to
rescue the child or to prevent the commission of offence. The appellant
herein is arrayed as Accused No.4 in Crime No.17 of 2026.
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CRL A(MD) No. 1244 of 2026
6. The specific allegation against the appellant is that, despite
having knowledge of the penetrative sexual assault committed by
Accused No. 1 on the survivor/child, she failed to report the incident to
the competent authority or the police. Consequently, she was charged
with the offence of abetment under Section 17 of the POCSO Act, along
with other relevant provisions of the POCSO Act and the SC/ST (PoA)
Act.
7. Considering the health condition of the appellant and her limited
role as a psychologist/counsellor, this Court is inclined to grant bail to the
appellant, subject to the following conditions:
8. Accordingly, this Criminal Appeal is allowed. The appellant is
ordered to be released on bail on the following conditions:-
(i) The appellant shall execute a bond for a sum of
Rs.20,000/- (Rupees Twenty Thousand only) with two
sureties each for a like sum to the satisfaction of the
Principal Special Court for Exclusive Trial of Cases under
POCSO Act, Madurai.
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CRL A(MD) No. 1244 of 2026
(ii) 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 to ensure their identity;
(iii) The appellant shall report before the respondent
police daily at 10.30 a.m., until further orders.
(iv) On violation of any of the above conditions by
the appellant, the respondent police shall move an
application for cancellation of the bail before the Trial
Court as per the direction of the Hon'ble Apex Court in
P.K.Shaji Vs. State of Kerala reported in AIR 2005 SC
100.
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
gvn
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CRL A(MD) No. 1244 of 2026
To
1. The Principal Special Court for Exclusive Trial of Cases
under POCSO Act, Madurai.
2. The Deputy Superintendent of Police
Peraiyur Sub Division,
Madurai District.
3. The Inspector Of Police,
All Women Police Station,
Peraiyur, Madurai District.
4. The Officer-in-charge,
Special Prison for Women, Madurai.
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
Copy To :
Section Officer ( VR Section )
Madurai Bench of Madras High Court
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CRL A(MD) No. 1244 of 2026
D.LINGESWARAN, J.
gvn
CRL A(MD) No. 1244 of 2026
10-11-2026
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