C. Pandi v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Awps-Palani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL C. Pandi ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Sub Inspector of Police, Awps-Palani, Dindigul District.

... Respondent/Complainant PRAYER :- For Bail in Crime No. 1 of 2026 on the file of the respondent police.

For Petitioner : C.Narendren, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 15.02.2026 for the offences punishable under Sections 5(1), 5(j)(ii) & 6 of POCSO Act, 2012 in Crime No.1 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is none other than the sister's husband of the victim. The petitioner has sexual intercourse with a minor girl. Hence, she become pregnant and she also delivered a male child. Based on the complaint given by the defacto complainant, who is the Expowerer, Child Protection department, Dindigul District, the responded police lodged a complainant against the petitioner for the aforesaid offences and arrested him. Hence, this 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 15.02.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had sexual intercourse with a 2/6

minor girl. Hence, she become pregnant and delivered a male child he investigation is still pending. 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 this Court perused the statement of the victim girl recorded under Section 183 of BNSS and the FIR was registered on 11.01.2026 and by this time, material part of the investigation might have been completed and 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 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 POCSO Court, Dindigul, and on further conditions that: 3/6

[b] the petitioner shall report before the respondent police daily 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;

[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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 22.04.2026 dss To 1.The Special POCSO Court, Dindigul.

2.The Sub Inspector of Police, Awps-Palani, Dindigul District.

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

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.7212 of 2026 Date : 22/04/2026 6/6