Manikandan v. The State Of Tamilnadu Rep By The Inspector Of Police, Awps-Ramanathapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Manikandan ... Petitioner/Accused Vs The State of Tamilnadu Rep By the Inspector of Police, AWPS-Ramanathapuram, Police Station, Ramanathapuram District.

(In Crime No.23 of 2024).

... Respondent/Complainant For Petitioner : Ms.M.Nithya Sowmya For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioners on bail in Spl.SC.No.11 of 2025 on the file of the Learned Fast Track Mahila Court, Ramanathapuram 1/7

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 29.11.2024 for the offences punishable under Sections 5(l), 5(j)(ii) r/w 6 of POCSO Act, 2012 and Sections 351(2) of BNS in Crime No. 23 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, who is in illegal relationship with the mother of victim had committed penetrative sexual assault on the victim, who is a minor, thereby, the victim got pregnant. 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 he has been arrested and remanded to judicial custody on 29.11.2024. This is the second petition for bail. Therefore, prayed to grant bail for the petitioner. 2/7

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that that though the investigation has been completed and charge sheet filed and the petitioner has no previous case, 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 the case is in trial stage and already material witnesses have been examined and posted for examination of further witnesses as well as taking into account of 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, Fast Track Mahila Court, Ramanathapuram, and on further conditions that:

[b] the petitioner shall report before the Fast Track Mahila Court, Ramanathapuram 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;

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[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;

[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 5/7

1. The Sessions Judge, Fast Track Mahila Court, Ramanathapuram

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

3. The Superintendent, Central Jail, Madurai.

4. The Inspector of Police, Awps- Ramanathapuram Police Station, Ramanathapuram District.

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.11458 of 2026 Date : 18/06/2026 7/7