Albertraj v. State of Tamilnadu Rep by Inspector of Police, Awps-Pudukkottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Albertraj ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Pudukkottai, Thoothukudi District. Crime No. 14 of 2026. ... Respondent/Complainant PRAYER :- For Bail in Crime No. 14/2026 on the file of the respondent police. For Petitioner : Mr.Pethu Rejesh, Advocate, for Mr.R. Manojkumar, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 06.05.2026 for the offences punishable under Sections 3(b), 4, 9(m), 9(n) and 10 of the Protection of Children from sexual Offences Act, 2012, in Crime No.14 of 2026 on the file of the respondent police, seeks bail.

¶2The allegation against the petitioner is that the petitioner herein is the neighbour of the defacto complainant and while the defacto complainant's child, who is aged about 8 years, was playing in the house, the petitioner herein committed the penetrative sexual assault upon the victim girl, and immediately, the victim girl raised the alarm, and on hearing the same, the neighbours have come and also seen the same and immediately complaint was lodged and the case has been registered and the petitioner was arrested on 06.05.2026.

¶3The 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 in judicial custody on

06.05.2026 on wards. Therefore, prayed to grant bail for the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent and reiterated the prosecution case and on instructions, reported that the investigation was completed and final report was filed before the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, and the same was taken on file in S.C.No.187 of 2026. He further submitted that the offence is grave in nature and hence, he opposed to grant bail to the petitioner.

¶5I have gone through the FIR and also the connected materials.

¶6Considering the rival submissions made by the learned counsel on either side, nature of offence against the petitioner, and also considering the fact that the investigation was already completed and final report was also filed and the same was taken on file in S.C.No.187 of 2026 and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, and on further conditions that: [b] the petitioner shall report before the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, daily at 10.30 a.m., for a period of 6 weeks and thereafter, as and when required for interrogation; [c[ the petitioner shall not enter into the jurisdictional limit where the victim girl is residing; [d] 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; [e] the petitioner shall not abscond either during investigation or trial; [f] 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; [g] 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 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

23.07.2026 dss

To

1.The Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi,

¶2The Superintendent, Central Prison, Palayamkottai.

3.The Inspector of Police, All Women Police Station, Pudukkottai, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.15127oofo2026 ooooooooooooooooooooooooooooooooK.oRAJASEKAR,J ooooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.15127oofo2026 ooooooooooooooooooooooooooooooDateoo:o23/07/2026