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Madras High CourtCRL OP(MD)/10996/2026granted

Pandiyaraj v. State Of Tamilnadu Rep By Inspector Of Police, Andipatti

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 Pandiyaraj ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.15 of 2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No. 15 of 2026 on the file of the Respondent Police.

For Petitioner : K.Dinesh, 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 10.05.2026 for the offences punishable under Sections 9(i), 10 of Protection of Child from Sexual Offences Act, and under Section 127(2) of BNS, 2023, in Crime No.15 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl is aged about 17 years. On 09.05.2026 at about 09.10 p.m, when the defacto complainant's minor daughter and her cousin went to the forest area, to relieve themselves, the petitioner followed the victim girl and tried to commit sexual assault upon 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. He would further submit that no previous case is pending against the petitioner and the petitioner has been arrested and remanded to judicial custody on 10.05.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner tried to commit the sexual 2/6

assault upon the victim girl and the offence is grave in nature. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that the investigation is still pending and the statement of the victim girl under Section 183 of BNSS was also recorded and the petitioner has no previous case.

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 already the statement of the victim girl was recorded under Section 183 of BNSS and no previous case is pending against the petitioner 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 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions 3/6

Judge, Special Court for Exclusive Trail 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 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 4/6

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 Sessions Judge, Special Court for Exclusive Trail under POCSO Act, Theni.

2.The Inspector of Police, Andipatti Police Station, Theni District.

3. The Superintendent, District Jail, Theni.

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

5/6

P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.10996 of 2026 Date : 12/06/2026 6/6