Crl.O.P.(MD)No.15873 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 15873 of 2026 Ajithkumar ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Myladumparai Police Station, Theni District. (Crime No.138 of 2026) ...Respondent/Complainant For Petitioner : Ms.V.Suba 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. 138 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 25.05.2026, for the offences punishable under Sections 127(3) and 87 of BNS, Section 5(1) and 6 of the POCSO Act, in Crime No.138 of 2026 on 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.15873 of 2026 the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner is the close relative of the victim girl and he developed relationship with her, seduced her, kidnapped her to various places and committed aggravated penetrative sexual assault. Hence, the case has been registered and the petitioner was arrested. The victim was secured. 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 the petitioner is only 23 years old and was close relative of the victim family. He is in judicial custody from 25.05.2026, and ready to co-operate with investigation. Hence, she prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has no previous case. He further produced the copy of the statement recorded under Section 183(5) of BNSS. Investigation in this case is still pending. The victim girl is only aged about 15 years and the petitioner has kidnapped her and committed aggravated penetrative sexual 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.15873 of 2026 assault upon her. Hence, he opposed to grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6. I have gone through the statement recorded from the victim girl under Section 183(5) of BNS, wherein she has narrated various incidents, how they developed the relationship and how she was kidnapped and the way in which the other offences are committed, the age of the parties and also considering the other circumstances in this case, 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 Session Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, and on further conditions that: [b] the petitioner shall stay at Sivagangai and report before the learned Judicial Magistrate No.I, Sivagangai, at 10.30 a.m., on all working days, until further orders; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.15873 of 2026 [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) 30.07.2026 TM 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.15873 of 2026 To 1.The Session Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni. 2.The Judicial Magistrate No.I, Sivagangai. 3.The Inspector of Police, Myladumparai Police Station, Theni District. (Crime No.138 of 2026) 4.The Superintendent, District Prison, Theni. 5.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.15873 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 15873 of 2026 Date : 30.07.2026 6/6 https://www.mhc.tn.gov.in/judis