M.Manikandan v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI M.Manikandan ..Petitioner/ Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station - Samayanallur, Madurai District.

(Crime No.23 of 2025) .. Respondent/Complainant For Petitioner : Mr.H.Mohammed Farook Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.23 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 23.06.2025 for the offences punishable under Sections 9(m) read with Section 10 of Protection of Child from Sexual Offences Act, 2012 in Crime No.23 of 2025 on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that the defacto complainant is the mother of the victim girl. On 22.06.2025, the defacto complainant sent her daughter aged 11 years to the nearby petty shop. The victim girl returned the house with a cry. When the victim girl was enquired, she informed her mother that the accused has misbehaved with her by touching her private part. Thereafter, a complaint was preferred by the defacto complainant. Hence the case.

3. The learned counsel for the petitioner would submit that this petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 23.06.2025, nearly for the past 55 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner is aged about 29 years, who molested the victim girl by touching her private part and therefore the present case was registered and he was arrested on 23.06.2025. The case is under the investigation stage. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the statement of the victim girl under Section 183(5) of BNSS has already been recorded and the fact that the petitioner/accused is in judicial custody 2/5

from 23.06.2025, taking into consideration of the period of incarceration and by this time, most of the investigation might have been completed, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Special Court for Trial of POCSO Act Cases, Madurai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] The petitioner shall furnish his residential address and contact number to the learned Special Court for Trial of POCSO Act Cases, Madurai. If the petitioner changes his residential address, he shall report the same to the learned special Court for Trial of POCSO Act Cases, Madurai;

[c] the petitioner shall stay at Trichy and shall appear and sign before the Cantonment Police Station daily twice at 10.00 a.m. and 5.00 p.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial. 3/5

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned 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.

sd/- 21/08/2025 / TRUE COPY / 21/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. The Judge, Special Court for Trial of POCSO Act Cases, Madurai.

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2. The Superintendent, Sub Jail, Virudhunagar.

3. The Inspector of Police, All Women Police Station - Samayanallur, Madurai District.

4.The Inspector of Police, Cantonment Police Station, Trichy.

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

ORDER

IN CRL OP(MD) No.13897 of 2025 Date :21/08/2025 SBN/21.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5