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Madras High CourtCRL OP(MD)/5931/2026granted

Thiruppathi v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Vadamadurai

2026-03-26Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Thiruppathi

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station Dindigul District (in Spl.S.C.No.247 of 2025 in Crime No. 24 of 2025)

...Respondent/Complainant

For Petitioner : Mr.P.Manikandan Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 24 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 08.09.2025 for the offences punishable under Section 5(l), 5(n), 5(j)(ii) r/w Section 6 of POCSO Act in Crime No. 24 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the sister's husband of the victim girl, who aged about 17 years and he has penetrated sexual assault with the victim girl, due to which the victim girl begot a femail child. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 08.09.2025. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is completed and charge 2/6

sheet was filed and the same is taken on file in Spl.S.C.No.247 of 2025 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Dindigul. He would further submit that the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence and relationship between the parties and considering the fact that the investigation is completed and charge sheet was filed and the same is taken on file in Spl.S.C.No.247 of 2025 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Dindigul and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released 3/6

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 Special Court for Exclusive Trial of cases under POCSO Act, Dindigul, and on further conditions that:

[b] the petitioner shall report before the Special Court for Exclusive Trial of cases under POCSO Act, Dindigul, 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 he/she is accused, or suspected, or of the commission of which he/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;

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[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 BNS.

(P D B J) 26.03.2026 apd To 1.The Special Court for Exclusive Trial of cases under POCSO Act, Dindigul 2.The Inspector of Police, All Women Police Station Dindigul District

3. The Superintendent, District Jail, Dindigul. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 5931 of 2026 Date : 26.03.2026 6/6