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Madras High CourtCRL OP(MD)/21919/2025granted

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

2026-06-10Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Manikandan ... Petitioner Vs The State rep by The Inspector of Police, AWPS Alangulam, Tenkasi District.

(Crime No.46 of 2025) ... Respondent PRAYER :- For Bail in Cr.No.46 of 2025 on the file of the respondent police. For Petitioner : Mr.S.Kishore Kumar For Respondent : Mr.N.Balasubramanian Counsel for State of Tamil Nadu ORDER : The Court made the following order :- The petitioner who was arrested and remanded to judicial custody on 03.11.2025 for the offences punishable under Sections 3(a), 4 of POCSO Act and Section 67 of IT Act, in Crime No.46 of 2025 on the file 1/6

of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has sexually assaulted the minor victim girl and also threatened her to upload the photos of the victim minor girl. Hence, the case. 3.Pursuant to the order dated 28.11.2025, today this case was listed under the caption for reporting compliance.

4.On 28.11.2025, this Court has granted Interim bail with the following condition:

(b)The petitioner and the victim girl are hereby directed to solemnize and register their marriage and produce the marriage registration certificate before this Court on 02.02.2026.

5.Today, when the matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that the victim girl is not willing to marry the petitioner and, therefore, the order of this Court cannot be complied with. He further prayed that bail may be 2/6

granted to the petitioner.

6.The learned counsel appearing for the Government/respondent would submit that the petitioner committed the sexual assault upon the victim girl and threatened her to upload the photos of the victim. Hence, he strongly opposed to grant bail to the petitioner.

7. This Court heard both sides and perused the materials available on record.

8.Considering the rival submissions made by the learned counsel on either side, the nature of the offence, and the fact that though the petitioner is willing to marry the victim, the victim is not willing to marry him, and also taking into account the period of incarceration already undergone by the petitioner, this Court is inclined to make the interim bail already granted absolute 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 3/6

each for a like sum to the satisfaction of the leaned Principal Sessions Judge, Tenkasi, and on further conditions that: [b] the petitioner shall report before the leaned Principal Sessions Judge, Tenkasi, on the first working day of every English calender Month for a period of three months and thereafter, as and when required for interrogation.

[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 4/6

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) 10.06.2026 sbn To 1.The Principal Sessions Court, Tenkasi.

2.The Inspector of Police, AWPS Alangulam, Tenkasi District.

3. The Superintendent, District Prison, palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J sbn Crl.O.P.(MD).No.21919 of 2025 Date : 10/06/2026 6/6