Madras High Court
Jain Merold vs State Of Tamilnadu Rep By Inspector Of ... on 30 March, 2026
CRL OP(MD). No. 6177 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 30.03.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No. 6177 of 2026
Jain Merold ...Petitioner/Sole Accused
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
All Women Police Station,
Colachel,
Kanyakumari District.
(Crime No.31 of 2025)
...Respondent/Complainant
For Petitioner:Mr.L.Jeen Felix
Advocate.
For Respondent:Mr.B.Nambi Selvan
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No. 31 of 2025 on the file of
the respondent police.
1/8
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 6177 of 2026
ORDER :The Court made the following order :-
The petitioner / Sole accused, who was arrested and remanded to judicial custody on 09.08.2025 for the offences punishable under Sections 376(3) of IPC and Section 5(i), 5(o), 3(a) and 6 of POCSO Act, in Crime No.31 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner committed aggravated penetrative sexual assault on the victim girls. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. The petitioner has been arrested and 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6177 of 2026 remanded to judicial custody on 09.08.2025. He would further submit that the petitioner was detained under Act 14 and the same was quashed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate appearing for the respondent would submit that the investigation is completed and charge sheet is filed and the same was taken on file in Spl.S.C.No.109 of 2025. He would further submit that trial commenced and victim girls were cross examined. He would further submit that the petitioner has no previous case. However, he opposed to grant bail to the petitioner.
5. This Court heard both sides and perused the materials available on record. 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6177 of 2026
6. Considering the rival submissions made by the learned counsel on either side, nature of offence and considering the fact that the investigation is completed, charge sheet is filed and the same was taken on file in Spl.S.C.No.109 of 2025 and trial Commenced and the victim girls were cross examined and the petitioner was detained under Act 14 and the same was quashed by this Court and the petitioner has no previous case 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 learned Special 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6177 of 2026 Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari District at Nagercoil and on further conditions that:
[b] the petitioner shall report before the learned Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari District at Nagercoil, on all working days at 10.30 a.m., until further orders.
[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which 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 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6177 of 2026 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 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(P D B J) 30.03.2026 vsg 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6177 of 2026 To
1.The learned Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari District at Nagercoil.
2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.
3. The Superintendent, Central Prison, Palayamkottai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8
https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6177 of 2026 P. DHANABAL, J vsg ORDER IN CRL OP(MD) No. 6177 of 2026 Date : 30.03.2026 8/8 https://www.mhc.tn.gov.in/judis