Manikandan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Manikandan S/o. Kaliyan, No2/150 Koil Veethi, MGR Street, Kuvadu Village, Unundurpet ..Petitioner(s) Vs State by Inspector of Police, All Women Police Station, Ulundurpet, Kallakurichi.

Crime No.27 of 2025 ..Respondent(s) Prayer: This petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.27 of 2025 on the file of Inspector of Police, All Women Police Station,Ulundurpet, Kallakurichi and thus render justice.

For Petitioner(s):

M/s.V.S.Dinesh K.Meena M.Nandhitha G.Nandakumar For Respondent(s):

Mr.A. Gopinath, Government Advocate

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.06.2025, for the offences punishable under Sections 351(2) of BNS and Sections 5(1), 5(n), 5(m) and Section 6 of POCSO Act in Crime No. 27 of 2025 registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the relative of the victim girl aged about 16 years. It is alleged that when the victim girl was alone during the night hours this petitioner has committed aggravated penetrative sexual assault on her and caused severe health issues and she was admitted in the hospital. The aunt of the victim girl has come forward to state the occurrence, hence the case was registered against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not kidnapped the victim girl, since the parents of the victim has arranged marriage with another person she left the home and voluntarily accompanied the petitioner. He further submitted that the petitioner is in judicial custody from 25.11.2025 and is ready to co-operate with the investigation. Hence, prays to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that it is a case of aggravated penetrative sexual assault and investigation in this case is not yet completed. Hence, opposed to grant bail to the petitioner.

5. I have gone through the statement recorded from the victim girl under Section 183 of BNSS which reveals that the petitioner has committed aggravated penetrative sexual assault and admittedly the victim is aged about 13 years and the petitioner is aged about 36 years. 6.Considering the submissions made by the learned counsel appearing on either side, nature of offence;the manner in which the occurrence has taken

place; it is a case of aggravated penetrative sexual assault and if the petitioner is released on bail he will indulge in tampering of evidence, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this criminal original petition stands dismissed. 03-02-2026 Index: Yes/No Speaking/Non-speaking order SMN To.

1. The Inspector of Police, All Women Police Station, Ulundurpet, Kallakurichi.

2. The Public Prosecutor, High Court Madras

K.RAJASEKAR, J.

SMN 03-02-2026