Marimuthu vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 13.04.2026 for the offences punishable under Sections 7, 8, 9(m), 9(u), 10, 11(1), 11(2) and 12 of POCSO Act, in Crime No.7 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant is the mother of the victim girl. After the demise of her first husband, she married the petitioner herein. On 24.03.2026 at about 11.00 p.m, the petitioner committed the aggravated sexual assault upon the victim girl. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that no previous case is pending against the petitioner and he has been arrested and remanded to judicial custody on 13.04.2026. Therefore, prayed to grant bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner committed the aggravated sexual assault upon the victim girl. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that investigation was completed and charge sheet was also filed before the concerned Court and no previous case is pending against the petitioner.

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

Considering the rival submissions made by the learned counsel on either side, nature of offence, and already investigation was completed and charge sheet was filed before the concerned Court and no previous case is pending against the petitioner 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 Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, and on further conditions that:

[b] the petitioner shall report before the trial Court every Monday daily at 10.30 a.m., for a period of 8 weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/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 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.