Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2026
CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.3841 of 2026 Manokaran ... Petitioner -vs- State Rep by, The Inspector of Police, All Women Police Station, Puzhal, Thiruvallur District. (Crime No.2 of 2026) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.2 of 2026 on the file of the respondent police. For Petitioner : Mr.R.Parthiban For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) *********
ORDER
The petitioner, who was arrested and remanded to judicial custody on 09.01.2026 for the alleged offence punishable under Sections 74, 75(1)(i), 332(c), 361(3) of BNS Act r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.2 of 2026, registered on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he was residing in the
same building where the victim was residing. While the victim was staying alone in her house, the petitioner allegedly knocked on the door, forcibly entered into the house and attempted to sexually assault her. When she resisted, the petitioner is said to have threatened her with a stick, stating that would stab her on the neck and kill her. Unable to bear the threat and torture, the victim somehow came out from the house and the petitioner fled from the scene of occurrence. Hence, a case has been registered and the petitioner was arrested.
3. The learned counsel appearing for the petitioner submitted that the
petitioner, aged 28 years, is innocent, he has been falsely implicated, since the petitioner is a neighbour. He further submitted that the petitioner is in judicial custody since 09.01.2026 and that he is ready to co-operate with the investigation. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) reiterated the
prosecution case and submitted that the petitioner is not having any previous case pending against him and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsel on either
side, the nature of the allegations, the petitioner is not having any previous case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Madhavaram, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 17.02.2026 drl Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being
uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The District Munsif cum Judicial Magistrate, Madhavaram. 2.The Inspector of Police, All Women Police Station, Puzhal, Thiruvallur District. 3.The Superintendent, Central Prison-II, Puzhal. 4.The Public Prosecutor, High Court, Madras.
K. RAJASEKAR, J.
drl Crl.O.P.No.3841 of 2026 17.02.2026