Munishwaran @ Muneeshwaran v. State Rep by The Inspector of Police
CRL OP/18326/2026 · 2026-07-14
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 49367 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49367 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 18326 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18326 of 2026 Munishwaran @ Muneeshwaran ..Petitioner(s) Vs State Rep by The Inspector of Police All Women Police Station, Kallakurichi. Crime No.18 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the Petitioner/Accused on Bail in Crime No.18 of 2026 on the file of All Women Police Station, Kallakurichi. For Petitioner(s): Mr.S.Kalaikumar For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 18.05.2026 for the alleged offences under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 and 87, 332 (c) of BNS and 9 and 10 of the Prohibition of Child Marriage Act, 2006, in Crime No.18 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner is approximately forty years old and the victim is approximately seventeen years old. It is alleged that https://www.mhc.tn.gov.in/judis
CRL OP No. 18326 of 2026 __________ Page2 of 4 the petitioner forcibly tied a Thali around the neck of the minor girl. Hence the case. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 18.05.2026. He further submitted that the charge sheet has been filed and taken on file in Spl.S.C.No.91 of 2026 by the learned Principal District Judge, Kallakurichi. He further submitted that there is no allegation of sexual assault against the petitioner and that he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner. 4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police produced the victim’s statement recorded under Section 183 of the BNSS. He further contended that although the charge sheet has been filed, if the petitioner is enlarged on bail, there is every possibility of tampering with the witnesses. Hence, he prayed for dismissal of this application. 5.A perusal of the statement recorded under Section 183 of the BNSS, reveals that the allegation against the petitioner is that he took the victim to his house, where he tied a thali around the minor girl’s neck.
Although such an allegation is serious and might have caused a fear psychosis in the mind of the victim girl, considering the fact the charge sheet has been filed and taken on file https://www.mhc.tn.gov.in/judis
CRL OP No. 18326 of 2026 __________ Page3 of 4 by the learned Principal District Judge, Kallakurichi, and that the petitioner has been incarcerated since 18.05.2026, this Court is of the firm view that his further custody for the purpose of investigation is not required. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. 6. 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 Principal District and Sessions Judge, Kallakurichi, and subject to the following conditions: [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 Virudhunagar District and report before the Srivilliputhur Town Police Station daily at 10.30 a.m for a period of thirty days; thereafter report before the respondent 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; https://www.mhc.tn.gov.in/judis
CRL OP No. 18326 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 14-07-2026 ep 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 Principal District and Sessions Judge, Kallakurichi. 2.The Superintendent of Prison, District Jail, Vedampattu, Villupuram. 3.The Inspector of Police All Women Police Station, Kallakurichi. 4.The Public Prosecutor High Court of Madras. CRL OP No. 18326 of 2026 https://www.mhc.tn.gov.in/judis