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Madras High CourtCRL OP(MD)/10995/2026granted

Selvam v. The State Of Tamilnadu

2026-06-12Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Selvam ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Kovilankulam Police Station, Ramanathapuram District.

Cr.No.91 of 2021. ... Respondent/Complainant PRAYER :- To release the petitioner on bail in Spl.S.C.No. 9/2022 on the file of the Learned Fast Track Mahila Court, Ramanathapuram and thus render justice.

For Petitioner : S.Meena, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 05.09.2025 for the offences punishable under Sections 5(1) r/w Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, in Crime No.91 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.06.2021, at about 12.00 p.m, petitioner committed the sexual assault upon the victim girl, who is aged about 14 years. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner was already released on bail and since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued on 26.08.2025 and the same was executed on 05.09.2025 and from onwards, he is in judicial custody. He would further submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocte (Crl.Side) appearing for the respondent would submit that due to non-appearance, the Non-Bailable 2/6

Warrant was issued against the petitioner on 26.08.2025 and the same was executed on 05.09.2025 and the petitioner has 4 previous cases and all the witnesses were already examined and now, the case in Spl.S.C.No. 9 of 2022 on the file of the Fast Track Mahila Court, Ramanathapuram, was posted for argument on 24.06.2026.

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 considering the fact that already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued on 26.08.2025 and the same was executed on 05.09.2025 and already all the witnesses were examined and now, the case in Spl.S.C.No. 9 of 2022 was posted for argument on 24.06.2026 and also considering the period of incarceration undergone by the petitioner from 05.09.2025, 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 Fast Track Mahila Court, Ramanathapuram, and on further conditions that:

[b] the petitioner shall report before the Trial Court 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;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6

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) 12.06.2026 dss To 1.The Fast Track Mahila Court, Ramanathapuram. 2.The Inspector of Police, Kovilankulam Police Station, Ramanathapuram District.

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

5/6

P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.10995 of 2026 Date : 12/06/2026 6/6