Crl.O.P.(MD)No.13888 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13888 of 2026 Alex ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Kadayam Police Station, Kadayam, Tenkasi District. (Crime No.179 of 2026) ...Respondent/Complainant For Petitioner : Mr.G.Thiruvarutselvan Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 179 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 04.06.2026, for the offences punishable under Sections 5(1), 6 of the POCSO Act, in Crime No.179 of 2026 on the file of the respondent police, 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13888 of 2026 seeks bail. 2. The case of the prosecution is that the petitioner herein is known to the victim girl, who is aged about 16 yeas. Since her mother has scolded her, she left the home and awaited in the bus stop. This petitioner taking advantage of the age of the victim girl and also the circumstances, taken her to a separate place and committed aggrevative penetrative sexual assault upon her. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that it is a false acquisition against the petitioner. He has not committed any sexual assault upon the victim girl. He is in custody from 04.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that it is a case of aggrevative penetrative sexual assault. He has also produced the copy of the statement of the victim recorded under 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13888 of 2026 Section 183(5) of BNS. The petitioner has no previous case. He opposed the grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature of offences, and the statement given by the victim girl under Section 183(5) of BNS, which contain various facts, and the statement does not specifically stated about the aggrevative penetrative sexual assault committed by the petitioner herein and also considering the statement of the victim girl's in entirety and the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of six weeks, thereafter as and 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13888 of 2026 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 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 15.07.2026 TM 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13888 of 2026 To 1.The Judicial Magistrate, Tenkasi. 2.The Inspector of Police, Kadayam Police Station, Kadayam, Tenkasi District. (Crime No.179 of 2026) 3.The Superintendent, Central Prison, Palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13888 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 13888 of 2026 Date : 15.07.2026 6/6 https://www.mhc.tn.gov.in/judis