Murugesan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Kovilpatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Murugesan ...Petitioner/Accused NO.1 Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District. ..

(Crime No.51 of 2025)

...Respondent/Complainant

For Petitioner:Mr.S.Vikram For Respondent:Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 51 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 27.12.2025 for the offences punishable under Sections 64(1) and 351(2) of BNS, 2023 in Crime No.51 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the victim is the younger sister of the defacto complainant. The victim informed the defacto complainant that about 3 months before when the victim was alone in the farm cutting grass, the petitioner allegedly grabbed her and dragged into his farm and sexually assaulted her and threatened with dire consequences. Again, about one week later, the petitioner's son namely, Karthick approached the victim in the farm and spoke deceptively, restrained her and sexually assaulted her. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and due to previous motive, he was falsely implicated in this case. He has not committed any offence as alleged by the prosecution. He would further submit the co-accused was released on bail. The petitioner has been arrested and remanded to judicial custody on 27.12.2025. Hence, he prays to grant bail to the petitioner. 4.The learned Government Advocate appearing for the respondent would submit that the investigation has been completed and charge has been filed and the statement of the victim was recorded under Section 183 of BNSS, 2023. He would further submit that the petitioner has no previous case. However, he opposed to grant bail to the petitioner.

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5. This Court heard both sides and perused the materials available on record, including the statement of the victim recorded under Section 183 of BNSS, 2023.

6. Considering the rival submissions made by the learned counsel on either side, nature of the allegations levelled as against the petitioner and considering the facts that the statement of the victim was recorded under Section 183 of BNSS, 2023, investigation was completed and charge sheet is filed and the petitioner has no previous cases and the co-accused was released on bail 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 on bail on condition to execute a bond for a sum of 4/9

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi District, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi District, 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 she is accused, or suspected, or of the commission of which 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 5/9

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 registered under Section 269 BNS.

(P D B J) 09.04.2026 vsg 6/9

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To 1.The learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi District,.

2.The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

3.The Superintendent, District Prison, Peravurani.

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

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P. DHANABAL, J vsg

ORDER

IN CRL OP(MD) No. 6950 of 2026 Date : 09.04.2026 9/9