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Madras High CourtCRL OP(MD)/9858/2026granted

P.Karuppaiya v. State Of Tamilnadu Rep By

2026-06-05Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL P.Karuppaiya

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station Thirumayam Pudukottai District (Crime No. 9 of 2026)

...Respondent/Complainant

For Petitioner : Mr.N.Kamesh For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.9 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- 1/6

The petitioner / A2, who was arrested and remanded to judicial custody on 12.04.2026 for the offences punishable under Sections 5(1), 5(j) (ii) r/w.6(1) of POCSO Act and Section 351(2) of BNS in Crime No.9 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 15.10.2025 at about 8.00 a.m when the victim girl went outside to attend natural call the petitioner along with other accused committed penetrative sexual assault on the victim girl. Hence the case.

3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 12.04.2026.. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that petitioner along with other accused committed penetrative sexual assault on the victim girl. He would further 2/6

submit that the investigation is pending. Hence, he 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 and also the considering the fact that investigation has been completed in this case and also considering the fact that no previous case is pending against the petitioner and also taking into consideration the period of incarceration suffered 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 learned Sessions Judge, Mahila Court, Pudukottai and on further conditions that: 3/6

[b] the petitioner shall report before the learned Sessions Judge, Mahila Court, Pudukottai daily at 10.30 a.m.,until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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) 05.06.2026 aav To 1.The Sessions Judge, Mahila Court, Pudukottai 2.The Sub Inspector of Police, All Women Police Station Thirumayam Pudukottai District

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

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 9858 of 2026 Date : 05.06.2026 6/6