Andi @ Andiyappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Andi @ Andiyappan ... Petitioner/Sole Accused Vs The State of Tamilnadu, The Inspector of Police, All Women Police Station, Pudukkottai, Pudukkottai District.

(Crime No.9 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Palaniyandi For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.9 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial 1/4

custody on 06.07.2025 for the offence punishable under Sections 5(k), 5(n), r/w 6(1) of POCSO Amendment Act, 2019, in Crime No.9 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that the defacto complainant had three female children and her 3rd daughter/victim girl is aged about 17 years and she had completed her +2 and she is slightly a mentally challenged girl. On 06.07.2025, the defacto complainant went to her cooli work and victim girl alone was in their newly constructed house, at that time, the petitioner entered into that house and sexually assaulted the victim girl and which was noticed by the female lamb shepherd and reported to the defacto complainant. Hence, the defacto complainant has given a complaint before the respondent police.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that lamb shepherd had a dispute with the petitioner and gave a false statement against the petitioner. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is in judicial 2/4

custody from 06.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner had sexually assaulted the victim girl who is aged about 17 years.. He further submitted tha the victim girl is mentally challenged. Further, the petitioner had threatened the Eye witness/Ananthi and the investigation is at initial stage. If he released on bail, he may be abscond. Hence, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner has allegedly committed serious offence and the investigation is at preliminary stage, if the petitioner is enlarged on bail at this point of time, there is likelihood of the petitioner indulging in activities which would be prejudicial for investigation, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. No costs. sd/- 11/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm 3/4

To

1. The Superintendent, District Prison, Pudukkottai.

2. The Inspector of Police, All Women Police Station, Pudukkottai,

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

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-8733[I] dated 12/08/2025 )

ORDER

IN CRL OP(MD) No.12897 of 2025 Date :11/08/2025 HPS/15.09.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4