Manikandan v. The State of Tamil Nadu

The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 24.01.2025 for the offences punishable under Sections 127(2), 351(3) BNS Act 2023 and 5(f), 5(1) r/w 6 of POCSO Act 2012. in Spl.S.C.No.92 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul, in Crime No.2 of 2025 on the file of the respondent police, seeks bail.

This is the second bail application before this Court. The case of the prosecution is that the petitioner is the Tamil Teacher and he called the victim who is aged about 16 yeas and penetrative sexual assault on her several times and also threatened her with dire consequences. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 24.01.2026. Hence, he seeks bail to the petitioner.2/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18042 of 20254. The learned Additional Public Prosecutor submitted that the investigation has been completed and the charge sheet has also been filed. He further submitted that previously the petitioner was detained under Goondas Act and he had involved in a very henious offence. Hence, he opposed for grant of bail to the petitioner.

Considering the facts and circumstances of the case and on perusal of the 164 statement recorded from the victim girl, it is revealed that the petitioner has committed a serious offence, and the investigation is at a preliminary stage. If the petitioner is enlarged on bail at this point of time, there is a likelihood of the petitioner indulging in activities which would be prejudicial for trial. Therefore, this Court is not inclined to grant bail to the petitioner.