Mani Alias Manikandan v. State Of Tamilnadu Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Mani Alias Manikandan S/o.Kaveri, D.NO.1/56, Kumarampatti Village, Mookanur Post, Dharmapuri District.
Petitioner(s) Vs
1. State of TamilNadu rep. by The Inspector of Police, AWPS Police Station, Dharmapuri District.
Respondent(s) PRAYER To enlarge the petitioner on bail in connection with Spl.S.C.NO.266 of 2025 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Dharmapuri and thus render justice.
For Petitioner(s):
V.Sakkarapani For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 05.09.2025, for the alleged offence punishable under Sections 87 of BNS and section 5(1), 6 of POCSO Act 2012 and 9, 10, 11 of Prohibition of Child Marriage Act 2006 in Crime No.40 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner, who developed a relationship with the victim girl aged about 17 years, and under the pretext of marrying her after tying thali, committed aggravated penetrative sexual assault on the victim girl. Subsequently, she became ill and it was known to the parents, and parents took her to her home. However, this petitioner continuously harassed her and taken her back to his house and started beating her, which resulted in lodging the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is in custody from 05.09.2025 and the investigation in this case is also concluded. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reported that in this case the petitioner and the victim girl were lived together for some time as husband and wife, and since the petitioner started harassing her and the complaint has been lodged and the investigation is also completed and the final report filed, and the same was taking cognizance in Sp.S.C.No.266 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri. Hence, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the fact that investigation in this case is already completed and final report is also filed and the facts also revealed that both were lived as husband and wife for some time only thereafter the complaint has been lodged, hence, I am 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 Special
Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall stay at Cuddalore and report before the Judicial Magistrate-I, Cuddalore daily at 10.30 a.m., for a period of one month.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
[g] the petitioner shall not enter into the jurisdictional limit where the victim girl is residing.
31-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa 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 Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.
2.State of TamilNadu rep. by The Inspector of Police, AWPS Police Station, Dharmapuri District.
3.The District Jail, Dharmapuri.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 29737 of 31-10-2025