R.Thavaseelan vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 1874 Mad

Madras High Court

R.Thavaseelan vs State Of Tamilnadu Rep By Inspector Of ... on 15 April, 2026

                                                                      CRL OP(MD). No.7094 of 2026

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 ( Criminal Jurisdiction )

                                                   Date : 15.04.2026

                                                       PRESENT

                                  THE HONOURABLE MR. JUSTICE P. DHANABAL

                                            CRL OP(MD). No.7094 of 2026


                     R.Thavaseelan                                           ...Petitioner/Accused
                                                        Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     All Women Police Station,
                     Pattukottai
                     Thanjavur District
                     (Crime No. 15 of 2024)                          ...Respondent/Complainant


                                   For Petitioner : Mr.C.D.Johnson
                                   For Respondent : Mr.B.Nambi Selvan
                                                   Additional Public Prosecutor


                           PETITION FOR BAIL Under Sec.483 of BNSS

                     PRAYER :-

                         For Bail in Cr.No.15 of 2024 on the file of the respondent police.




                     1/6




https://www.mhc.tn.gov.in/judis
                                                                      CRL OP(MD). No.7094 of 2026

                     ORDER :

The Court made the following order :-

The petitioner / A2, who was arrested and remanded to judicial

custody on 29.09.2024 for the offences punishable under Sections 137(2),

351(2) of BNS and Sections 5(g),6(1),14(2) of POCSO Act in Crime No.15

of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.09.2024 the defacto

complainant was asked to come to Muthupet bus stand where the petitioner

along with other accused took the defacto complainant by two wheeler

where both the accused compelled her to engage in sexual acts and also

threatened her. Hence the case.

3. The learned counsel for the petitioner would submit that the

respondent police has registered a false case against the petitioner and he

has not committed any offence as alleged by the prosecution. He would

further submit that in this case investigation has been completed and final

report has been filed before the concerned Court. The petitioner has been

arrested and remanded to judicial custody on 29.09.2024.. Hence, he prays

to grant bail to the petitioner.

https://www.mhc.tn.gov.in/judis

4. The learned Additional Public Prosecutor appearing for the

respondent would submit that accused persons compelled the defacto

complainant to engage in sexual acts and also threatened her. There are

materials available as against the petitioner. Hence, he opposed to grant bail

to the petitioner.

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

record.

6. Considering the rival submissions made by the learned counsel on

either side and also the considering the nature of offences and also the fact

that the alleged occurrence took place in the year 2024 and now after

completion of investigation the case has been taken on file by the Special

Court in Spl.S.C.No.8 of 2025 and all the witness have been cross

examined by the petitioner also taking into consideration the period of

incarceration suffered by the petitioner, this Court is inclined to grant bail to

the petitioner subject to the following conditions:

https://www.mhc.tn.gov.in/judis

[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 Principal Special Court for

Exclusive trial of cases under POSCO Act,Thanjavur and on

further conditions that:

[b] the petitioner shall report before the trial Court 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 he is accused, or suspected, or of the

commission of which he 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

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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) 15.04.2026 aav

To

1.The Principal Special Court for Exclusive trial of cases under POSCO Act,Thanjavur

2.The Inspector of Police, All Women Police Station, Pattukottai Thanjavur District

3. The Superintendent, Central Prison, Tiruchirapalli

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

https://www.mhc.tn.gov.in/judis

P. DHANABAL, J

aav

ORDER IN

Date : 15.04.2026

https://www.mhc.tn.gov.in/judis