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Madras High CourtCRL OP(MD)/3612/2026granted

Arunkumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Dindigul Rural

2026-02-20Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Arunkumar ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

Cr. No. 57/2025 ... Respondent/Complainant For Petitioner : Mr.M.Suresh For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.57 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 09.12.2025 for the offences punishable under Sections 87 of BNS, Act and Sections 9, 11 of Prohibition of Child Marriage Act and 5(1), 5(j)(ii), 6 and 17 of POCSO Act, in Crime No.57 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim aged about 16 years fell in love with the petitioner, married him, and became pregnant out of their relationship. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 09.12.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the 2/6

victim aged about 16 years fell in love with the petitioner, married him, and became pregnant out of their relationship. He further submitted that seven previous cases are pending against the petitioner.

5. Taking into consideration of the fact that the case arises out of a case of love affair, that the statement recorded under Section 164 does not support the case of the prosecution and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 Special Judge for Exclusive Trial of Cases under POCSO Act, Dindigul and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. 3/6

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation. [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] 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 is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 20.02.2026 jbr 4/6

TO

1. The Special Judge for Exclusive Trial of Cases under POCSO Act, Dindigul.

2. The Superintendent, Central Prison, Dindigul.

3. The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.3612 of 2026 Date : 20/02/2026 6/6