Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Manikandan .. Petitioner/Accused Vs The State of Tamilnadu, Rep by the Sub Inspector of Police, AWPS Palani, Dindigul District.

Crime No.17/2025. .. Respondents/Complainants For Petitioner : S.Kishore Kumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-58B For Bail in Crime No.17 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 01.06.2025 for the offences punishable under Sections 87 of BNS, 2023, and 1/6

Section 5(1), 5(j)(ii) r/w 6 of POCSO Act, in Crime No.17 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had sexually abused the victim girl due to which she became pregnant. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 01.06.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases and he produced the 164 statement of the victim girl. However, he opposed for grant of bail to the petitioner.

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5. On perusal of the 164 Statement of the victim girl, this Court finds that the said statement is not supporting the case of the prosecution. Further it is seen that charge sheet has already been laid before the concerned Court. Hence, considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Dindigul, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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[b] the petitioner shall report before the trial Court as and when required and for all the hearing dates;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond 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 is 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 9 BNS.

24.02.2026 PJL 4/6

TO

1. Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Dindigul,

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Superintendent, District Prison, Dindigul. 4.

The Sub Inspector of Police, AWPS Palani, Dindigul District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.3856 of 2026 Date : 24/02/2026 6/6