Palpandi v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Periyakulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6588 of 2026 Palpandi ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS, Periyakulam, Theni District.

(Crime No.4 of 2026)

...Respondent/Complainant

For Petitioner : Mr.N.Ananda Kumar for Mr.V.Selvakumar Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 4 of 2026 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 25.01.2026 for the offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offence Act, 2012 and Section 4 of the Tamil and 1/6

Prohibition and Harassment of Women Act, 1998, in Crime No.4 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.01.2026 at about 08.30 p.m., the petitioner allegedly locked the door of his house and attempted to commit penetrative sexual assault on the victim child aged about 15 years. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. The defacto complainant and the petitioner's wife are sisters. They are close relatives. He is no way connected with the occurrence. He was falsely implicated in this case. The earlier bail application filed by the petitioner has been dismissed with liberty to the petitioner to move the bail application after filing the final report. Now the final report has been filed before the concerned Court. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the considering the gravity of offence, this court already dismissed the earlier bail application filed by the petitioner. Investigation 2/6

has been completed and the final report has been filed before the concerned Judicial Magistrate. Hence, vehemently opposed the grant of bail to the petitioner. However, he would submit that there is no previous case pending against 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, considering the fact that the investigation has been completed and charge sheet also filed before the concerned Court and the same is pending for committal proceedings, there is no previous case against the petitioner, and also considering the period of incarceration of the petitioner from 25.01.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, and on further conditions that: 3/6

[b] the petitioner shall report before the District and Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, at 10.30 a.m., on all working days, 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; [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 4/6

registered under Section 269 BNS.

(P D B J) 06.04.2026 TM To 1.The District and Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni.

2.The Inspector of Police, AWPS, Periyakulam, Theni District.

(Crime No.4 of 2026) 3.The Superintendent, Sub Jail, Periyakulam, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6588 of 2026 Date : 06.04.2026 6/6