Crl.O.P.(MD)No.16707 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.08.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 16707 of 2026 A.Alagu Raja ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Theni, Theni District. (Crime No.21 of 2026) ...Respondent/Complainant For Petitioner : Mr.R.Jaswanth Ram 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. 21 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 06.07.2026, for the offences punishable under Sections 9(m), 10, 11(2), 12 of POCSO Act and 75 of BNS, in Crime No.21 of 2026 on the file of 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16707 of 2026 the respondent police, seeks bail. 2. The case of the prosecution is that while the victim was playing, the petitioner called the victim girl, who is aged about 4 years, and inappropriately touched the private parts and committed sexual assault. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is an 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 petitioner belongs to Ramanathapuram. He went to his relation's house in Theni. At that time, the present complaint with false accusations. He is in custody from 06.07.2026 and ready to cooperate with the investigation. Hence, he 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 relying upon the Statement of the victim girl recorded under Section 183(5) of BNSS, stated that the victim girl has clearly stated about the petitioner's act of sexual assault made on her. Investigation in this case is still pending. However, he opposed the grant of bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16707 of 2026 5. This Court heard both sides and perused the materials available on record. 6. I have also gone through the Statement of the victim girl recorded under Section 183(5) of BNSS, though it reveals certain facts regarding the manner in which the complaint has been lodged, it is not the case of aggravated penetrative sexual assault and also considering 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 Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, and on further conditions that: [b] the petitioner shall report before the learned Judicial Magistrate No.I, Ramanathapuam, 10.30 a.m., on all working days, for a period of six weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16707 of 2026 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) 07.08.2026 TM To 1. The Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.16707 of 2026 2. The Judicial Magistrate No.I, Ramanathapuram. 3.The Inspector of Police, All Women Police Station, Theni, Theni District. (Crime No.21 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.16707 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 16707 of 2026 Date : 07.08.2026 6/6 https://www.mhc.tn.gov.in/judis