Ponnusamy v. State Of Tamilnadu Rep By Inspector Of Police, Kodaikanal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Ponnusamy

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

(Crime No. 255 of 2025 )

...Respondent/Complainant

For Petitioner : Mr.M.Kannan Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Government Pleader PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 255 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 06.12.2025 for the offences punishable under 87 of BNS, 9 of Prohibition of Child Marriage Act, 2006 and 5(l) r/w 6 of POCSO Act, in Crime No. 255 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to love affair, the petitioner had sexual intercourse with the defacto complainant's daughter/minor victim girl and hence, she became pregnant. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 06.12.2025. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate appearing for the respondent 2/6

would submit that the investigation is completed and charge sheet is made ready and the petitioner has no previous case. However, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that the investigation is completed and the petitioner has no previous case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, 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 Special Court for Exclusive Trial of cases under POCSO Act, Dindigul, and on 3/6

further conditions that:

[b] the petitioner shall report before the Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Dindigul, on all working days at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she 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 her 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 4/6

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 269 BNS.

(P D B J) 23.03.2026 apd To 1.The Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

3. The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 5631 of 2026 Date : 23.03.2026 6/6