Duraisamy v. State Of Tamilnadu Rep By Inspector Of Police, Viralimalai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Duraisamy, S/o. Rengasamy, No. 239, Seelnayakkanpatti, Jayamangalam, Vanathirayanpatti, Viralimalai Post and Taluk, Pudukkotai District..
... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Viralimalai Police Station, Pudukkottai District.
(Cr.No.131/2026).
... Respondent/Complainant For Petitioner : A.Thiyagarajan, Advocate.
For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-58B. For Bail in Crime No. 131 of 2026 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 28.03.2026 for the offences punishable under Sections 126(2) and 351(2) r/w Section 11(1), 12 and 17 of POCSO Act, 2012 in Crime No.131 of 2026 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on the date of occurrence, while the victim girl was returning from school, after completing her public examination, at that time, the petitioner and other accused persons obstructed her on the way, compelled her to marry the petitioner and issued threats with that intention. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent 2/8
person and he was falsely implicated in this case. He has not committed any offence as alleged by the prosecution. He would further submit that the petitioner and the victim girl are close relative and there was only a marriage proposal from the petitioner's side. The petitioner has been arrested and remanded to judicial custody on 28.03.2026. Hence, he prays to grant bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is still pending and the statement of the victim was recorded under Section 183 of BNSS, 2023. He would further submit that the petitioner has no previous case. However, he opposed to grant bail to the petitioner.
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5. This Court heard both sides and perused the materials available on record, including the statement of the victim recorded under Section 183 of BNSS, 2023.
6. Considering the rival submissions made by the learned counsel on either side, nature of the allegations levelled as against the petitioner and the statement of the victim was recorded under Section 183 of BNSS, 2023, and as the date of FIR is 28.03.2026, by this time material part of the investigation might have been completed and the petitioner has no previous cases and also considering the period of incarceration undergone by the petitioner from 28.03.2026, 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 4/8
Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Mahila Court, Pudukottai District, and on further conditions that:
[b] the petitioner shall report before the respondent Police daily 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 5/8
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 269 BNS.
(P D B J) 29.04.2026 vsg 6/8
TO 1.The learned Mahila Court, Pudukottai District.
2. The Inspector of Police, Viralimalai Police Station, Pudukkottai District.
3. The Superintendent, District Jail, Pudukottai.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL,J., vsg
ORDER
IN CRL OP(MD) No.8534 of 2026 Date : 29/04/2026 8/8