Pichaimani v. State Of Tamilnadu Rep By Inspector Of Police, Theni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10272 of 2026 Pichaimani

...Petitioner

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

(Crime No.10 of 2026)

...Respondent/Complainant

For Petitioner : Mr.K.Guhan Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 10 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 22.01.2026, for the offences punishable under Sections 9(m), 11(iii) and 12 of POCSO Act, in Crime No.10 of 2026 on the file of the respondent 1/6

police, seeks bail.

2. The case of the prosecution is that on 20.01.2026 at 09.00 p.m., the petitioner sexually assaulted the victim child by showing porn video to her. Hence, the 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. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The petitioner has sexually assaulted the victim girl by showing the porn videos. Investigation has been completed and final report has also been filed before the concerned Court. Now the case is pending for trial before the concerned POCSO Court, Theni. The petitioner has no previous case. He opposed the grant of bail to the petitioner.

5. This Court heard both sides and perused the materials available on 2/6

record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, investigation has been completed, charge sheet has also been filed before the concerned Special Court, now the case is pending for trial and there is no previous case against the petitioner 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 learned Sessions Judge, Principal Special Court Exclusive Trial of Cases under POCSO Act, Theni, and on further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Principal Special Court Exclusive Trial of Cases under POCSO Act, Theni, at 10.30 a.m., on every Monday for a period of four weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the 3/6

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

(P D B J) 05.06.2026 TM To 1.The Sessions Judge, Principal Special Court Exclusive Trial of Cases under POCSO Act, Theni.

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2.The Inspector of Police, Bodinaickkanur All Women Police Station, Bodinaickkanur, Theni District. (Crime No.10 of 2026) 3.The Superintendent, District Jail, Thekkampatti, Theni 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10272 of 2026 Date : 05.06.2026 6/6