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2026 DAILYLAW 60788 (MAD)

Anandhan v. The State Rep by The Inspector of Police

CRL OP/23382/2026 · 2026-08-21

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

__________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL.O.P.No.23382 of 2026 Anandhan ..Petitioner Vs The State Rep by The Inspector of Police AWPS Police Station, Harur. Crime No.08 of 2023. ..Respondent PRAYER: To enlarge the petitioner on bail pending investigation in Crime No.08 of 2023 on the file of the respondent police For Petitioner : Mr.N.Desinghu For Respondent : Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 09.05.2026 for the alleged offences punishable under Sections 449, 366 and 506(i) of I.P.C., Sections 376(2)(n), 376(2)(f) and 376(3) IPC and Sections 5(l), 5(j)(ii) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, in Crime No.08 of 2023 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis __________ Page2 of 6 2. The case of the prosecution is that the victim girl was aged about 14 years and that the petitioner had allegedly enticed the victim girl and committed penetrative sexual assault. Hence, the registration of the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner has been in continuous judicial custody since 09.05.2026 and that the major part of the investigation is already completed. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and therefore, prayed for the grant of bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police vehemently opposed the grant of bail to the petitioner. He submitted that the offences alleged against the petitioner are heinous in nature involving a minor child aged about 14 years. He further submitted that if the petitioner is enlarged on bail at this stage, he may threaten the victim girl or tamper with the prosecution witnesses. Therefore, he prayed for the dismissal of the bail petition. 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent State, and https://www.mhc.tn.gov.in/judis __________ Page3 of 6 perused the materials available on record. 6. Considering the facts and circumstances of the case, the nature of the offences alleged, the period of incarceration undergone by the petitioner from 09.05.2026, and the progress of the investigation, this Court is inclined to grant bail to the petitioner, subject to the following conditions: 7. 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, for a like sum to the satisfaction of the learned Sessions Judge, Mahila Fast Track Court, Dharmapuri, and on further conditions that: [a] the sureties shall affix his 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 his identity; [b] the petitioner shall report before the respondent police 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 https://www.mhc.tn.gov.in/judis __________ Page4 of 6 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2026 kmm 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. https://www.mhc.tn.gov.in/judis __________ Page5 of 6 1. The Sessions Judge, Mahila Fast Track Court, Dharmapuri. 2. The Superintendent, District Prison, Dharmapuri. 3. The Inspector of Police AWPS Police Station, Harur. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis __________ Page6 of 6 N.RAMESH, J. kmm CRL.O.P.No.23382 of 2026 21.08.2026 https://www.mhc.tn.gov.in/judis