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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7763 of 2026 Lakshman

...Petitioner/Sole Accused

Vs State of Tamil Nadu rep by The Inspector of Police, All Women Police Station, Periyakulam, Theni District.

(Crime No.10 of 2026)

...Respondent/Complainant

For Petitioner:Mr.K.Ramar For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For bail in Crime No. 10 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Sole accused, who was arrested and remanded to judicial custody on 13.02.2026 for the offences punishable under Sections 5(l) r/w 6 of POCSO Act, 2012 in Crime No.10 of 2026 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is the mother of the victim girl and on 13.02.2026, at about 10.30 p.m., the petitioner and the victim girl were in love relationship, due to which, the petitioner had taken the victim girl in his bike to his relative's house at Allinagarm, where he committed penetrative sexual assault on the victim girl for several times. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case. He has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 13.02.2026. Hence, he prays to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is still pending 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.

5. This Court heard both sides and perused the materials available on record, including the 3/8

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 there was a love affair between the petitioner and the victim girl and the statement of the victim was recorded under Section 183 of BNSS, 2023, and as the date of occurrence is 13.02.2026, by this time material part of the investigation might have been completed and the petitioner has no previous cases and also considering the period of incarceration undergone by the petitioner from 13.02.2026, 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 4/8

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 learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, and on further conditions that:

[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 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;

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[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) 21.04.2026 vsg To 1.The learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni,. 2.The Inspector of Police, All Women Police Station, Periyakulam, Theni District.

3.The Superintendent, District Prison, Theni District.

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. 7763 of 2026 Date : 21.04.2026 8/8