Thamodiran v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL CRL.O.P.No.12634 of 2026 Thamodiran ..Petitioner Vs State, represented by Inspector of Police, All Women Police Station, Tirupattur, Tirupattur District.

..Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., Act, 2023, to enlarge the petitioner on bail concerned in Crime No.08 of 2026 on the file of the Inspector of Police, All Women Police Station, Tirupattur, Tirupattur District on such terms and conditions as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner :

Mr.R.Parthiban For Respondent :

Mr.V.J.Priyadarsana, Government Advocate.

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.02.2026 for the offences punishable under Sections 64(2)(m), 65(1), 351(2) of BNS Act and Section 5(1), 6 of POCSO Act in Crime No.08 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl is a minor aged about 16 years. The petitioner, who runs a laundry shop near the residence of the victim girl, is alleged to have sexually assaulted her when she visited his shop on 30.12.2025. Based on the complaint lodged in this regard, the present case was registered against the petitioner. Hence the case.

3. The learned counsel for the petitioner submitted that the respondent police have registered a false case against the petitioner. The petitioner is under judicial custody since 18.02.2026. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there is no previous case pending against the petitioner. Hence, he vehemently opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side, the nature of the offenses alleged against the accused, the period of incarceration already undergone by him, and the facts that the investigation has been completed, the charge sheet has been filed, and the case is now pending for further proceedings

before the learned Subordinate Judge, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned District & Sessions Judge, Tirupattur and on further conditions that:

[b] the petitioner shall report before the Trial Court on all working days at 10.30.a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

14-05-2026 Index: Yes/No Speaking/Non-speaking order kmm Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, All Women Police Station, Tirupattur, Tirupattur District.

2. The District & Sessions Judge, Tirupattur.

3. The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Vellore.

P.DHANABAL, J.

kmm CRL.O.P.No.12634 of 2026 14.05.2026