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Madras High CourtCRL OP/12067/2026granted

B.Jagadeesh v. The State Rep.By Inspector Of Police,

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL B.Jagadeesh ..Petitioner(s) Vs The State Rep. by Inspector of Police, Thiruvalam Police Station, Vellore District Crime No.24/2026 ..Respondent(s) To enlarge the petitioner on bail concerned in Crime No.24/2026 pending investigation on the file of the respondent on such terms and conditions and as this Hon'ble Court may deem fit and proper and thus render justice. For Petitioner(s):

Mr.S.N.Arunkumar For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner/accused, who was arrested and remanded to judicial custody on 19.03.2026, for the offences under "Girl Missing" @ Section 87, 64(2)(m) of BNS, 2023 and Section 5(l), 5(j)(ii) r/w. 6(l) of POCSO Act and Section 9 of Child Marriage Act, in Crime No.24 of 2026 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner and the victim girl, aged about 17 years, fell in love with each other. On an earlier occasion, the victim girl went along with the petitioner, for which, a case in Spl.S.C.No.223 of 2025 is pending before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Vellore. Now, the victim girl was found missing and hence, a complaint was lodged before the respondent Police. Thereafter, the victim girl was found near Karnataka border and it was found that the petitioner had married the victim girl. Hence, the case. 3.

Learned counsel for the petitioner would submit that the petitioner and the victim girl are in love with each other and though the petitioner advised the victim girl not to leave the house until she attained majority, since the parents of the victim were planning for marriage of the victim with an aged person, she left the parental home and joined the petitioner. Further, the learned counsel would submit that the petitioner is in incarceration for more than nearly two months and therefore, prays for grant of bail. 4.Per contra, Mr.R.Vinothraja, learned Government Advocate (Crl. Side), appearing for the respondent Police, would submit that the petitioner has married a minor girl and the investigation is now complete and one more FIR in Crime No.

investigation is complete. Considering the gravity of the offence, he opposed for grant of bail.

5.Heard both sides and perused the materials available on record. 6.Considering the rival submissions and the nature of offence and also considering the love affair between the petitioner and the victim girl and also the fact that investigation was completed in both the cases registered against the petitioner and also having regard to the period of incarceration undergone by the petitioner from 19.03.2026, I am inclined to grant bail to the petitioner subject to the following conditions:

[a] 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, and on further conditions that:

[b] the petitioner shall report before the concerned POCSO Court on every Monday 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 him 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 229A IPC.

13-05-2026 Index: Yes/No Speaking/Non-speaking order MKN To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Vellore.

2.The Inspector of Police, Thiruvalam Police Station, Vellore District.

Crime No.24/2026

3.The Public Prosecutor, High Court of Madras.

4.The Superintendent of Police, Central Prison, Vellore.

P.DHANABAL J.

MKN 13-05-2026