Thaniyel v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Thaniyel, S/o.Raja Durai, D.No.230/2, Melatheru, Keelasadaiyankulam, Keelakaduvetti, Tirunelveli District.. ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Kalakad Police Station, Tirunelveli District. Cr.No.734/2026.. ... Respondent/Complainant For Petitioner : Mr.S. Packiya Muthu, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-38B. For Bail in Cr.No.734 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 21.07.2026 for the offences punishable under Section 75(1)(iv) of BNS, 2023, in Crime No.734 of 2026, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 21.07.2026, at about 02.00 p.m., the petitioner misbehaved with the daughter of the defacto complainant, who is a mentally challenged lady, sexually harassed and attempted to rape her behind the banyan tree near the Madathambiran Kovil, Keelasadayamankulam. Hence, the present case has been registered.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He is in judicial custody from 21.07.2026. Therefore, he prayed to grant bail for the petitioner.

4.The learned Counsel for State of Tamil Nadu (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no previous cases. He further submitted that the investigation is pending in this case and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

5.Considering the above facts and circumstances, nature of offence levelled against the petitioner and also the facts that the petitioner is in judicial custody from 21.07.2026 and that the petitioner is not having any bad antecedents, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, this Criminal Original Petition is allowed and 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 Judicial Magistrate, Nanguneri, Tirunelveli District, and on further conditions that;

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall stay at Trichy and report before the Inspector of Police, Cantonment Police Station, Trichy, daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial;

(v)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];

(vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

20.08.2026 VSG TO

1.The learned Judicial Magistrate, Nanguneri, Tirunelveli District.

2.The Superintendent, Palayamkottai Jail, Tirunelveli District.

3.The Inspector of Police, Cantonment Police Station, Trichy.

4.The Inspector of Police, Kalakad Police Station, Tirunelveli District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.18068 of 2026 Date : 20/08/2026