Bharathi @ Periyakaruppu v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Bharathi @ Periyakaruppu Son of Kulanthaivelu, Kattakulam Village, Vadipatti Taluk, Madurai District - 625 218.

..Petitioner(s) Vs The State represented by:

The Inspector of Police Kongu Nagar All woman Police Station, Tiruppur District, [Crime No.411 of 2025] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in Spl.SC.No.80 of 2026 in the court of the magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur in crime No.411 of 2025 on the file of the respondent police. For Petitioner(s):

M/S. S.Mageshkumar For Respondent(s):

Mr. S. Yogaraja Sekar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the alleged offences under Sections 5(l) read with 6 of POCSO

Act, Section 9 of Prohibition of Child Marriage Act and Section 87 of B.N.S. in Cr. No.411 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the victim girl were in love relationship and they got married and the petitioner has committed penetrative sexual assault. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the FIR came to be registered on 22.12.2025 and the petitioner came to be arrested on 23.01.2026 and since then, he has been under judicial custody and he is an innocent and he is ready to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and submitted the statement of the victim girl recorded under Section 183 of B.N.S.S. on 20.01.2026 and strongly opposed the bail application.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. According to the statement of the victim girl under Section 183 of

B.N.S,S, this Court could only find the adolescent relationship between the petitioner and the victim girl and prima facily there are no serious ingredients stated so as to invoke any serious offence under POCSO Act, except the offence under Child Marriage Act. It is also relevant to mention that investigation has already been completed and the case has been taken on file in Special S.C. No.80 of 2026 on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur. Hence taking into consideration of the statement given by the victim girl under Section 183 of B.N.S.S. and upon the fact that the petitioner has been under judicial custody since 23.01.2026, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions:

7. 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 Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila Court) Tiruppur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m. and 5.30 p.m. until further orders; [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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12-06-2026 MJS

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 Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila Court) Tiruppur.

2. The Inspector of Police, Kongu Nagar All woman Police Station, Tiruppur District, 3.The Superintendent of Police, Central Prison,Tiruppur.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 12-06-2026