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Madras High CourtCRL OP(MD)/2426/2026dismissed

Manikandan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Ramanathapuram

2026-02-09Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Manikandan, ... Petitioner Vs.

State of Tamilnadu Rep by Inspector of Police, AWPS-Ramanathapuram, Ramanathapuram District.

Crime No.23 of 2024.

... Respondent PRAYER :- For Bail in Crime No.23 of 2024 on the file of the Respondent Police.

For Petitioner : Mr.C.Suresh Kannan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.11.2024 for the offences punishable under Sections 5(I), 5(j)(ii) r/w. Section 6 of Protection of Children from Sexual Offence Act, 2012 and Section 351(2) BNS, 2023, in Crime No.23 of 2024 on the file of the respondent police, seeks bail.

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2. The petitioner is an accused in Spl.S.C.No.11 of 2025 on the file of the Fast Track Mahila Court (Mahaleer Neethimandram) Ramanathapuram District. The allegation against the petitioner is that the petitioner, who was in illegal relationship with the mother of the victim, had committed penetrative sexual assault on the victim, who is a minor, as a result, the victim became pregnant and later aborted the pregnancy. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he is not committed any offence. He further submitted that the DNA is not matching the petitioner's DNA and seeks for granting bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is an error in the chemical analysts and the lab. Based on this reason alone, the petitioner cannot seek bail. He further submitted that the victim is only 14 years old and hence, he objected for granting bail to the petitioner.

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5. Considering the facts and circumstances of the case, this Court is of the view that the DNA test ought to be done again, when there is an error in the report. Therefore, the trial Court is directed to consider re-examination of the DNA test.

6. Accordingly, this Criminal Original Petition is dismissed with the above direction. Further, the trial is almost over, now, it is posted for Investigating Officer's witness. The trial Court is directed to complete the trial at the earliest.

09.02.2026 LS TO 1.The Fast Track Mahila Court (Mahaleer Neethimandram) Ramanathapuram District 2.The Inspector of Police, AWPS-Ramanathapuram, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.2426 of 2026 Date : 09/02/2026 4/4