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Madras High CourtCRL OP(MD)/11510/2026granted

Parthipan v. State Of Tamilnadu Rep By Inspector Of Police, Awps - Kottaipattinam

2026-06-18Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Parthipan ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, AWPS - Kottaipattinam, Pudukkottai.

Crime No. 07/2025..

... Respondent/Complainant For Petitioner : Mr.S.Muthiah Poosari Ambalam for M/s.Tamil Law Firm, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 07 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.12.2025 for the offences punishable under Sections 4(2), 5(f), 6 of POCSO Act and 351 (2) of BNS Act, 2023, in Crime No.07 of 2025 on the file of the respondent police, seeks bail.

2. The prosecution case is that the petitioner had sexually assaulted the victim on several occasions and that, on 30.12.2025 at about 08.30 p.m., the petitioner entered the victim's residence and committed penetrative sexual assault. Hence, the complaint.

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 he has been arrested and remanded to judicial custody on 05.12.2025. This is the second petition for bail. Therefore, prayed to grant bail for the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that though the petitioner has no previous case and charge sheet has been filed before the concerned Court after the completion of investigation, considering the grave nature of offence, he strongly 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, nature of offence, and considering the facts that the statement of victim under Section 183 of BNSS was recorded; that after completion of investigation, charge sheet has also been filed before the concerned Court and the same is posted for the appearance of the accused; that the petitioner has no previous case as well as taking into account of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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[a] Accordingly, this Criminal Original Petition is allowed and 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:

[b] the petitioner shall report before the 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/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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[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) 18.06.2026 PNM TO

1. The Sessions Judge, Mahila Court, Pudukottai

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Superintendent, District Jail, Pudukottai.

4. The Inspector of Police, AWPS - Kottaipattinam, Pudukkottai.

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

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11510 of 2026 Date : 18/06/2026 6/6