(Prayer: This Criminal Appeal has been filed under Section 14(A)(2) of the SC/ST (PoA) Act, 1989, to set aside the order dated 08.09.2026 passed in Cr.M.P.No.791 of 2026 by the Special Court for Exclusive Trial of Cases under POCSO Act, Madurai, in Crl.MP.No.791 of 2026 in Crime No.17 of 2026 on the file of the 2nd respondent police and enlarge the appellant on bail.)

1. The present appeal is directed against the order declining bail to the appellant by the Special Court for Exclusive Trial of Cases under the POCSO Act, Madurai, in Cr.M.P.No.791 of 2026, dated 08.09.2026.

2. The learned counsel for the appellant submitted that the victim was allegedly abused by A1. The only allegation against the appellant is that, being the in-charge of the Child Care Institution (CCI), she permitted a male person to enter the Child Care Institution (CCI) and failed to report the occurrence to the Law Enforcing Agency.

3. The learned counsel for the appellant further submitted that there is no material on record to show that the appellant had knowledge of the occurrence or that she had knowingly permitted A1 to enter the Child Care Institution (CCI). According to the learned counsel for the appellant, she had no knowledge about the alleged occurrence and, therefore, did not make any report to the Law Enforcing Agency. Now, the investigation has been completed and the final report has been filed before the Trial Court. Today, the case was posted for supplying copies under Section 230 of the BNSS. The appellant has been in custody for about 80 days. Hence, he prayed for setting aside the order passed by the Trial Court, dated 08.09.2026, and for grant of bail.

4. The learned Government Advocate (Crl. Side), appearing for the State, submitted that the appellant was the in-charge of the Child Care Institution (CCI) in which the victim was staying. She permitted A1 to enter the said Child Care Institution (CCI), which resulted in the occurrence. The said fact was brought to the notice of the appellant by the victim in the month of June 2026. However, she failed to report the same to the Law Enforcing Agency. Therefore, he strongly opposed the grant of bail to the appellant.

5. Notice was served on the 3rd respondent, who is the District Child Protection Officer, Madurai District, and the 4th respondent, who is the mother of the victim.

6. The respondents 3 and 4 are present before this Court. R4, the mother of the victim, stated that even after coming to know about the misbehaviour of A1, the appellant herein had not informed her or the Law Enforcing Agency about the same. Therefore, she strongly opposed the grant of bail to the appellant.

7. This Court has given its thoughtful consideration to the rival submissions put forth by either side.

8. The allegation against the appellant is that, being the in-charge of the Child Care Institution (CCI) in which the victim was staying, she permitted A1 to enter the said Child Care Institution (CCI), which subsequently resulted in the sexual assault on the victim. Even as per the statement of the victim, the factum of the sexual assault committed on her by A1 was reported to the appellant only in the month of June 2026, though the occurrence had taken place in the month of January 2026. The appellant was arrested on 12.07.2026 and has been in incarceration since then. Now, the investigation has been completed and the final report has been filed before the Trial Court. Summons were served on the appellant and the other co-accused. Today, the case was posted for supplying copies of the documents to them under Section 230 of the BNSS. It is brought to the notice of this Court that the other children, who were housed in the said Child Care Institution (CCI) were transferred to other Child Care Institutions (CCI). The Child Welfare Committee has taken action against the Child Care Institution (CCI) for revocation of its recognition.

9. Considering all the above circumstances, this Court is inclined to set aside the order passed by the Special Court for Exclusive Trial of Cases under the POCSO Act, Madurai, in Cr.M.P.No.791 of 2026, dated 08.09.2026, and enlarge the appellant on bail.

10. Accordingly, this Criminal Appeal is allowed and the order passed by the Special Court for Exclusive Trial of Cases under the POCSO Act, Madurai, in Cr.M.P.No.791 of 2026, dated 08.09.2026, is hereby set aside. The appellant is ordered to be released on bail on the following conditions:-

i. The petitioner 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 Special Court for Exclusive Trial of Cases under POCSO Act, Madurai.

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 Trial Court and report before the Trial Court daily at 10.30 a.m., and 05.30 p.m on all working days until further orders.

iv. The appellant shall not enter into the occurrence village.

v. The appellant shall not be allowed to operate any child care institution until the trial of the case is over.

vi. On violation of any of the above conditions by the appellant, the respondent police shall move an application for cancellation of the bail.