C.Maheshwaran v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Ilupur
CRL OP(MD)/15989/2026 · 2026-07-31
K Rajasekar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 58714 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 58714 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP(MD). No.15989 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.15989 of 2026 C.Maheshwaran, S/o. Chinnadurai, Rajalipatty, Kallukattupatti, Viralimalai Taluk, Pudukkottai.. ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, All Woman Police Station, Illupur, Pudukkottai. (Crime No. 11 of 2026). ... Respondent/Complainant For Petitioner : Mr.Pagalavan P, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-58B. For Bail in Crime No. 11 of 2026 on the file of the Respondent Police. 1/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.15989 of 2026
ORDER : The Court made the following order :- The petitioner /Sole Accused, who was arrested and remanded to judicial custody on 28.06.2026, for the offences punishable under Sections 5(l), 5(j)(ii) r/w 6(l) of Protection of Children from Sexual Offences Amendment Act, 2019 and Section 9 of Prohibition of Child Marriage Act, 2006, in Crime No.11 of 2026 on the file of the respondent police, seeks bail. 2.The allegation against the petitioner is that the petitioner developed contact with the victim girl, aged about 14 years, through Instagram, and thereafter, he kidnapped her to Pudukkottai District, and also on the pretext of marrying her, he committed aggravated penetrative sexual assault. Subsequently, the victim became pregnant, which resulted in pregnancy complications, and thereafter she was admitted into hospital. From that hospital, the statement of the victim girl was recorded, and the case was registered. 3.The learned counsel appearing for the petitioner submitted that the petitioner is only aged about 19 years and he is in incarceration from
28.06.2026. He is ready to cooperate with the investigation. Hence, he 2/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.15989 of 2026 prayed to grant bail to the petitioner. 4.The learned counsel for the State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner has no previous cases and the investigation is still pending. Hence, he opposed to grant bail to the petitioner. 5.This Court heard both sides and perused the materials available on records including the statement of the victim girl recorded under Section 183(5) of BNS. 6.Though the statement of the victim girl revealed the various disturbing facts regarding the manner in which she was subjected to aggravated penetrative sexual assault, considering the age of the petitioner, who is only 19 years and the other aspects of the case and also considering the period of incarceration already undergone by the petitioner, this Court is 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 3/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD).
No.15989 of 2026 Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Illuppur, and on further conditions that: [b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation before the respondent Police; [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 4/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.15989 of 2026 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)
31.07.2026 VSG TO 1.The learned Judicial Magistrate, Illuppur. 2. The Superintendent, District Prison, Pudukkottai. 3.The Inspector of Police, All Woman Police Station, Illupur, Pudukkottai. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.15989 of 2026 K. RAJASEKAR,J., vsg
ORDER IN CRL OP(MD) No.15989 of 2026 Date : 31/07/2026 6/6 https://www.mhc.tn.gov.in/judis