CRL A/1028/2026 of Selvi Vs State Rep.by, The Deputy Superintendent of Police on 10 September 2026

JUDGMENT

This Criminal Appeal has been filed challenging the order dated 04.08.2026 made in Crl.M.P.No.1536 of 2026 on the file of the learned Principal District and Sessions Judge, Kallakurichi, Kallakurichi District.

2. By the impugned order, the bail application filed by the appellant/A2 in Crime No.29 of 2026 for the offence under Sections 127(2) of BNS, 5(l), 5(m) r/w 6, 17 of POCSO Act @ 127(2) of BNS, 5(l), 5(m) r/w 6, 17, 21(1) of POCSO Act 2012, r/w 3(1)(w)(i) of SC/ST (POA) Act, 2015, was dismissed.

3. The case of the prosecution is that the victim is aged 6 years, she went to the house of the A1 to watch TV on 14.07.2026 at around 06.00 p.m. The A1 seated her on his lap and thereafter asked her to lie down and pressed his private part to her private part. She came home in pain and told her mother. As per the advice of neighbour she was taken to the Kallakurichi Government Hospital. The victim girl revealed that already many times the same act was done by A1 and she told her mother many times. But the mother of the victim had instructed her not to reveal the truth warning that the police beat her if she told anyone. Thus A1 has sexually molested the victim and the appellant herein concealed the said crime. Hence, the case.

4. The learned counsel for the appellant submitted that the appellant had been falsely implicated in this case for the reason that she had not reported about A1 who had committed penetrative sexual assault on the victim girl, her daughter. The case projected is that the victim girl had gone to the house of A1 for watching TV at that time A1 committed penetrative sexual assault and thereafter she informed the same to her mother, the appellant herein and she had not taken immediate step informed to the police. Hence, she was only implicated and arrested in this case and she has been in prison from 16.07.2026.

5. The learned counsel for Government of Tamilnadu (Crl. Side) appearing for the respondent police opposed stating that the victim is aged about 6 years and A1, who is aged about 35 years, had committed penetrative sexual assault on the victim. The victim was taken to the hospital. The Doctor examined her and thereafter he had informed the child helpline and the case came to be registered. The appellant herein is the mother of the victim though was informed about the penetrative sexual assault committed on her daughter she had kept quiet instead she warned her daughter not to disclose the fact to anyone. She further submitted that in this case A1 was arrested on 15.07.2026 now he has been detained under Tamil Nadu Act 14 of 1982 on 13.08.2026.

6. The learned counsel for the fourth respondent, the father of the victim submitted that in this case the bail application for A1 and A2 were jointly filed before the learned Principal District and Sessions Judge, Kallakurichi, Kallakurichi District and that at that time the fourth respondent had appeared he had given no objection as regards as his wife/A2 but made strong objection with regard to A1 but the learned Sessions Judge had taken the objections for both the accused and dismissed the same. He further submitted that as regards the victim she also belongs to SC/ST community. Hence, the offence under Section SC/ST would not get attract.

7. Accordingly, the appellant is ordered to be released on bail subject to the following conditions.

(a) The appellant shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only), with two sureties, each for a like sum to the satisfaction of the Trial Court; (b) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) The appellant is directed to appear before the trial Court on every alternate Monday and on all hearing dates without fail, till the completion of the trial; (d) The appellant shall not give any inconvenience or trouble knowingly or unknowingly to the third respondent, failing which, the bail shall be cancelled without any further reference.

(e) The appellant shall not abscond either during investigation or trial; (f) The appellant shall not tamper with evidence or witness either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/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 Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8. With the above directions, the impugned order dated 04.08.2026 made in Crl.M.P.No.1536 of 2026 on the file of the learned Principal District and Sessions Judge, Kallakurichi, Kallakurichi District, is set aside and the Criminal Appeal is, accordingly, allowed. 25-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No CDA NOTE : Issue order copy by 25-08-2026

To

1. The Judicial Magistrate No.I, Kallakurichi.

2. The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

3. The Station House Officer, All Women Police Station, Kallakurichi, Kallakurichi District.

4. The Sub Jail for Woman, Villupuram.

5. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J. CDA CRL A No. 1028 of 2026 25-08-2026