Madras High Court
Manikandan vs State Rep.By, The Inspector Of Police, on 2 April, 2026
Crl.O.P.No.8334 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.8334 of 2026
Manikandan ... Petitioner(s)
Vs.
State rep. by the Inspector of Police,
Erode North Police Station,
Erode District. ... Respondent(s)
[Crime No.261 of 2025]
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.261 of 2025 on the file
of the respondent.
For Petitioner(s) : Mr.K.Shyam Sunder
For Respondent(s) : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.02.2026 for the alleged offences under Sections 5(n), 5(l), 5(j)(ii) and 6 of POCSO Act, 2012 and Section 9 and 10 of POCM Act, in Crime No.261 of 2025, on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner, aged 30 years, committed penetrative sexual assault on the victim girl aged 17 years on several occasions and the victim girl is in advanced stage of pregnant. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been under incarceration since 01.02.2026. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for the grant of bail.
4. At this juncture, the learned Government Advocate (Crl. Side) would strongly oppose the bail application and the earlier bail application filed by this petitioner was dismissed by this Court on 09.03.2026 in Crl.O.P.No.5954 of 2026 and that there is no change in circumstances.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. This Court, in paragraph No.5 of the order dated 09.03.2026, has recorded the following reasons:
“5. From the submissions made by the learned Government Advocate, it is amply clear that this is a case for the penetrative sexual assault committed by the petitioner, for which, he has been 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8334 of 2026 charged under Sections 5(n), 5(l), 5(j)(ii) and 6 of POCSO Act, 2012 and Sections 9 and 10 of POCM Act. Though the petitioner is under incarceration since 01.02.2026, considering the age of the victim girl aged 17 years at the time of occurrence and the petitioner, being a 30 years old man, and in prohibited relationship with the victim girl and considering the advanced stage of pregnancy of the victim girl, this Court is of the view that at this stage, if the petitioner is enlarged on bail, it will definitely cause mental trauma and anxiety to the victim girl. In such view of the position, this Court is not inclined to enlarge the petitioner on bail at this juncture.”
7. While perusing the above reasons, as rightly contended by the learned Government Advocate, this Court could not find any valuable reason or change in circumstances to reconsider the bail application. Hence, this Court could not able to find any merit in the present bail application.
8. Accordingly, this Criminal Original Petition is dismissed.
02.04.2026 ata 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8334 of 2026 C.KUMARAPPAN,J.
ata To
1. The Mahila Court, Erode District.
2. The Superintendent, Sub Jail, Gobichettipalayam.
3. The Inspector of Police, Erode North Police Station, Erode District.
4. The Public Prosecutor, High Court of Madras Crl.O.P.No.8334 of 2026 02.04.2026 4/4 https://www.mhc.tn.gov.in/judis