Crl.O.P.No.26353 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-09-2025 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26353 of 2025 Manikandan ... Petitioner/ Accused Vs The State rep. by, Inspector of Police, Thandrampet Police Station, Tiruvannalamlai District (Crime No.189 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.189 of 2025 on the file of the Inspector of Police, Thandrampet Police Station,Tiruvannalamlai District. For Petitioner(s) : Mr.T. Shanmugam For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26353 of 2025 ORDER The petitioner, who was arrested and remanded to judicial custody on 02.09.2025, for the offence under Sections 87,65(2) of BNS and Section 7,8,5(l), 5(m) and 6(l) of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 altered to Offences U/s 87, 65(2) BNS and 5(l), 5(m), 7,8,12,6(l) of POCSO Act, 2012 r/w Child Marriage Act, 2006 in Crime No.189 of 2025, registered on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is the paternal uncle of the minor victim girl. It is stated that the victim is studying 8th standard and the petitioner was sexually harassing her, when she was studying 6th standard. It is alleged that on several occasions the petitioner had threatened the victim not to disclose the relationship between them to any body. Hence a case was registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that the victim was seduced and one Prabhu/A2 had committed penetrative sexual assault and subsequently tied thali and made an impression that she legally married to him. While investigation, victim gave statement against the petitioner 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26353 of 2025 Hence, the offences was altered and the petitioner had nothing to do with the alleged offence. Hence prays to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner sexually harassed the victim girl on several occasions and also threatened her not to disclose the relationship between them to any body. 5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the fact that the said Prabhu is the main accused in this case and the occurrence said to have taken place two years back and also considering the age of the petitioner, this Court is inclined to grant bail to the petitioner herein with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees twenty Thousand only) with two sureties each for a like sum to the satisfaction of the Sessions and Special Court ( POCSO cases), Tiruvannamalai and on further conditions that: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26353 of 2025 [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall stay at Kanchipuram and report before the Kanchipuram Police Station daily at 10:30 a.m., until further orders;It is made clear that the petitioner shall not enter into the jurisdiction of the respondent police; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 24.09.2025 smn Note : 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26353 of 2025 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1. The Sessions and Special Court ( POCSO cases), Tiruvannamalai 2. The Inspector of Police, Thandrampet Police Station, Tiruvannalamlai District 3. The Superintendent, Central prison, Vellore 4. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26353 of 2025 K. RAJASEKAR, J. smn Crl.O.P. No.26353 of 2025 24.09.2025 6/6 https://www.mhc.tn.gov.in/judis