Alexpandi v. The State of Tamilnadu Rep by

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. 15882 of 2026 Alexpandi

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai. (Crime No.10 of 2026)

...Respondent/Complainant

For Petitioner : Mr.R.Vinodh

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. 10 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 22.05.2026, for the offences punishable under Sections 3 r/w. 4, 5(m), r/w. Section 6 of the POCSO Act, in Crime No.10 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner is the step father of the victim girl, who aged about 5 yeas. Taking advantage of the proximity of the victim girl, he committed aggravated penetrative sexual assault by touching her private parts. Hence, the complaint was lodged by the mother of the victim girl. Hence, the case has been registered and the petitioner was arrested.

¶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 due to the matrimonial dispute between the petitioner and the defacto complainant, this false complaint has been lodged by the defacto complainant with false accusations. The petitioner has no previous case. He is in judicial custody from 22.05.2026, and ready to co-operate with investigation. Hence, she prayed bail for the petitioner.

¶4The 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 5 years. Hence, he opposed to grant of bail to the petitioner.

¶5This Court heard both sides and perused the materials available on record.

¶6I have gone through the statement recorded from the victim girl under Section 183(5) of BNS, wherein she has narrated how the occurrence was taken place and also considering the other circumstances of the case and the period of incarceration undergone by the petitioner, 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, Sivagangai, and on further conditions that: [b] the petitioner shall stay at Theni and report before the learned Judicial Magistrate, Additional Mahila Court, Theni, at

10.30 a.m., on all working days, until further orders; [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 To

1.The Session Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Sivagangai.

2.The Judicial Magistrate, Additional Mahila Court, Theni.

3.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai. (Crime No.10 of 2026)

4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 15882 of 2026 Date : 30.07.2026