Rajammal v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.8971 of 2026 Rajammal ... Petitioner / A3 Vs.

The State of Tamilnadu, Rep by the Sub-Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

(Crime No.2 of 2026) ... Respondent / Complainant PRAYER :- Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.2 of 2026 on the file of the respondent police.

For Petitioner :

Mr.C.Santhosh Kumar For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 16.03.2026 for the offences punishable under Sections 5(l), 5(m), 6(1), 16, 17, 19 and 21(1) of the Protection of Children from Sexual Offences Act, 2012, in Crime No.2 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl, aged about 11 years and studying in the 7th Standard, was sought to be married to A1, who, despite being fully aware that she was a minor, had sexual intercourse with her on several occasions. Thereafter, the petitioner, being the mother of the victim girl, along with others, arranged the marriage between the victim and A1. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner has been in judicial custody from 16.03.2026. He further submitted that the petitioner is the mother of the victim girl. Hence, he prayed for grant of 2/6

bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has been arrayed as A3. He further submitted that the petitioner, along with other accused persons, arranged the marriage between the victim girl, who was a minor, and A1. He also submitted that A1 had sexual intercourse with the victim on several occasions. He further submitted that the petitioner has no previous criminal antecedents. However, he opposed the grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the fact that the petitioner is the mother of the victim and also considering the case pertains to a child marriage, and also the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions..

6. Accordingly, this Criminal Original Petition is allowed and 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 3/6

like sum to the satisfaction of the learned Mahila Court, Pudukkottai, 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.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[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 4/6

[(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 06.05.2026 pal To 1.The Mahila Court, Pudukkottai.

2.The Superintendent, Central Prison for Women, Trichy.

3.The Sub-Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

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

5/6

S.SRIMATHY,J.

pal

ORDER

IN CRL OP(MD) No.8971 of 2026 Date : 06.05.2026 6/6