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2026 DAILYLAW 45299 (MAD)

Manikandan v. The State Rep By, The Inspector of Police

CRL OP/17353/2026 · 2026-07-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17353 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17353 of 2026 Manikandan S/o Krishnan, No.01, Malaiyanur Road, Valathi, Villupuram. ..Petitioner(s) Vs The State Rep By, The Inspector of Police All Women Police Station, Verugampakkam, Chennai. Crime No.422 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.422 of 2026 on the file of the respondent police. For Petitioner(s): Mr.V.Manimaran For Respondent(s): Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 29.05.2026 for the alleged offence under Sections 78, 79, 3(5) of BNS and Section 4 of Women Harassment Act @ Section 11(iv), 12 of Protection of Children Sexual Offences Act, 2012 in Crime No.422 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17353 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that the petitioner committed sexual assault on the victim, aged about 16 years, while she had gone to an ice cream parlour. Hence, the present case has been registered against the petitioner. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner was arrested on 29.05.2026 and he is aged about 24 years old. Hence, he opposed the grant of bail to the Petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Crl.Side) and on https://www.mhc.tn.gov.in/judis CRL OP No. 17353 of 2026 __________ Page3 of 5 perusal of the alteration report, though certain allegations are made against the petitioner, considering the long incarceration of the petitioner since 29.05.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his 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 the learned The Session Judge, The Special Judge for Exclusive Trial of Cases under POCSO Act, 2012 at Thiruvallur, and on further conditions that: [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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] 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 https://www.mhc.tn.gov.in/judis CRL OP No. 17353 of 2026 __________ Page4 of 5 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07-07-2026 DRL Note: 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 Session Judge, The Special Judge for Exclusive Trial of Cases under POCSO Act, 2012 at Thiruvallur. 2.The Inspector of Police AWPS , Veugampakkam, Chennai. 3.The Superintendent, Sub Jail, Poonamallee. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17353 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 17353 of 2026 07-07-2026 https://www.mhc.tn.gov.in/judis