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2026 DAILYLAW 48563 (MAD)

Manikandan v. The State represented by the Inspector of Police

CRL OP/18022/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18022 of 2026 __________ Page1 of 5 pIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18022 of 2026 Manikandan S/o. Selvam, No.59, 3rd Cross Street, A Kalyanapuram, Vyasarpadi, Chennai. ..Petitioner(s) Vs The State represented by the Inspector of Police W-28, Kolathur All Women Police Station, Peravallur, Chennai. ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the Petitioner on Bail in Spl.S.C.No.54 of 2024 in Crime No.22 of 2023 on the file of the respondent Police and thus render justice For Petitioner(s): Mr. T.Hari Pon Dinesh Ram For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE ) ORDER The petitioner, who was arrested and remanded to judicial custody on 25.06.2026 for the alleged offence under Sections 366 of IPC and Section 4 of POCSO Act, in connection with Spl.S.C.No.54 of 2024 in Crime No. 22 of 2023 on the file of the respondent police, seeks bail. 2. The learned counsel for the petitioner submitted that the petitioner has https://www.mhc.tn.gov.in/judis CRL OP No. 18022 of 2026 __________ Page2 of 5 been issued with NBW on 29.04.2026 and that he was subsequently arrested and remanded to judicial custody on 25.06.2026. He further submitted that the petitioner and the victim have married each other and are living together as husband and wife and have been blessed with a child. Hence, he prays to grant bail to the petitioner. 4. The learned Government counsel (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the investigation has been completed and the charge sheet has also been filed. 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), the subsequent developments in the matter and the fact that the petitioner has been in judicial custody since 25.06.2026, this Court is of the firm view that the further custodial detention of the petitioner is not warranted. Hence, 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 https://www.mhc.tn.gov.in/judis CRL OP No. 18022 of 2026 __________ Page3 of 5 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 Special Court for Exclusive Trail of Cases under POCSO Act, Chennai 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 concerned POCSO Act, daily at 10.30 a.m., until further orders; [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 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]; https://www.mhc.tn.gov.in/judis CRL OP No. 18022 of 2026 __________ Page4 of 5 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13-07-2026 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 Special Court for Exclusive Trial of Cases under POCSO Act, Chennai. 2. The Inspector of Police W-28, Kolathur All Women Police Station, Peravallur, Chennai. 3.The Superintendent, Central Prison, Chennai. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18022 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 18022 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis