Dismissed¶30

N.Dhanapal v. The State Rep By, The Inspector of Police

Bail refused – repeat application

Madras HC10 Feb 2026CRL OP/2248/2026

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What is this about?

Repeat bail application dismissed by Madras High Court (K. Rajasekar, J.) on 10.02.2026; step-father accused of aggravated penetrative sexual assault on minor step-daughter, Crime No.3447 of 2016, AWPS Selaiyur; charges under S. 6 POCSO, S. 5(j)(ii)/(1)(n) r/w 6 POCSO and S. 506(i) IPC; earlier bailed out, absconded 01.12.2022, NBW executed after three years, custody from 13.08.2025; prior bail dismissed 19.12.2025 (Crl.OP.No.34931 of 2025); denial based on non-co-operation — PWs.1 to 4 evidence closed without cross-examination; filed under S. 483 BNSS 2023; no quantum; no precedents cited.

What did the court decide?

This Court is not inclined to grant bail to the petitioner; the bail petition is refused. ¶29

N.Dhanapal Vs The State Rep By, The Inspector… — Child Sexual Offences (POCSO) | Madras HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.02.2026

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CORAM :

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THE HON'BLE MR. JUSTICE K. RAJASEKAR

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Crl.O.P.No.2248 of 2026

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N.Dhanapal ... Petitioner

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-vs-

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State Rep by, The Inspector of Police, AWPS Selaiyur, (Crime No.3447 of 2016) ... Respondent

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Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to

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enlarge the petitioner on bail in Crime No.3447 of 2016 on the file of the respondent police.

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For Petitioner : Mr.Ruthira Murthy For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

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*************

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on 13.08.2025 for the alleged offences punishable under Section 6 of the POCSO Act and 5(j)(ii), (1)(n) r/w 6 of POCSO Act and 506(i) of IPC, in Crime No.3447 of 2016, registered on the file of the respondent police, seeks bail.

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

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The allegation against the petitioner is that, he is the step father of the

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victim girl, he has committed aggravated penetrative sexual assault on the victim girl and hence, he was arrested and released on bail. Thereafter he was regularly appeared before the trial Court and on 01.12.2022 he absconded and NBW was issued, 3 years after NBW was executed, the petitioner is in custody from 13.08.2025.

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Earlier, this Court dismissed the bail petition in Crl.OP.No.34931 of

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2025 dated 19.12.2025 on the following reasons:

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“5. Considering the facts and circumstances of this case, that the absconded for more than 3 years, and if he is released on bail, it would be stall trial process, hence I am not inclined to grant bail to the petitioner at this stage”.

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Now, the learned counsel for the petitioner submitted that the petitioner is in judicial custody for more than three years and is suffering from health issues, and hence, he prays to grant bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that in this case, PWs.1 to 4 have already been examined. However, the petitioner did not cross examine the said witnesses and therefore, the Trial Court closed the evidence of PWs.1 to 4 and proceeded to examine the other witnesses. Hence, he oppose to grant bail to the petitioner.

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2/4

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

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