Manikandan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Manikandan ... Petitioner Vs.

The State represented by The Inspector of Police, All Women Police Station, Ambattur, Chennai.

(Crime No.685 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.683 of 2025 on the file of the respondent police. For Petitioner :

Mr.T.Vinoth Kumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 18.08.2025, for the offence punishable under Section 87 of the Bharatiya Nyaya Sanhita (BNS) and under Section 3(a) r/w Section 4(2) of POCSO 1/6

Act, in Crime No.683 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner, who is a neighbour of the victim girl aged about 14 years, developed contact with her and, under the pretext of proposing love, lured her to Rajapalayam and committed penetrative sexual assault on her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner and the de facto complainant had been friends for more than one year. The victim girl came to the house of the petitioner and compelled him to accompany her, pursuant to which both of them went to Rajapalayam and later returned. He further submitted that the petitioner is ready and willing to abide by any condition that may be imposed by this Court and that he has been in custody since 18.08.2025. Hence, he prays that bail may be granted to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail, reiterating the 2/6

prosecution case, and submitted that the victim girl is aged 14 years and also produced her statement before this Court.

5. I have carefully perused the materials available on record, including the statement of the victim girl.

6. Considering the nature of the allegations, the fact that the petitioner is 20 years old, the manner in which the occurrence took place, and taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Principal and Sessions Judge, Special Court for Exclusive Trial Cases under POCSO Act Cases, Thiruvallur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a 3/6

copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police for a period of four weeks, and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.10.2025 cda 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 Principal and Sessions Judge, Special Court for Exclusive Trial Cases under POCSO Act Cases, Thiruvallur.

2.The Inspector of Police, All Women Police Station, Ambattur, Chennai.

4.The Central Prison No.II, Puzhal, Chennai.

5.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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