Pothumponnu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :16.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Pothumponnu ... Petitioner/ A4 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Nagudi Police Station, Pudukottai District (Crime No.117 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.C.Muniyarasu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.117 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.07.2025 for the offences punishable under Sections 107,211,238 of BNS and Sections 9,10,11 of the Prohibition of Child Marriage Act, 2006 and Section 5(l)r/w.6(1) of POCSO Act in Crime No.117 of 2025 on the file of the respondent police. seeks bail. 1/5

2. The defacto complainant is the mother of the deceased. The case of the prosecution is that the marriage was solemnized between the second daughter of the defacto complainant who is aged about 17 years with the first accused and they were living separately in Tirupur. On 06.07.2025 the brother of the defacto complainant had informed her that her daughter committed suicide by hanging on 05.07.2025 due to the harassment made by the accused persons and the body was cremated without informing to anyone . Hence, the complaint.

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 is ready and willing to abide by any conditions which may be imposed by this Court and she is in judicial custody from 12.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that due to the harassment made the accused persons the deceased committed suicide by hanging and the accused persons cremated the body without informing to any one, hence he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking in to consideration the period of incarceration suffered by the petitioner , this Court is inclined to grant bail to the petitioner, subject to the following conditions: 2/5

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 Mahila Court, Pudukottai, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish her residential address and mobile number to the learned Mahila Court, Pudukottai [c] If the petitioner changes her residential address, she shall report the same to the learned Mahila Court, Pudukottai [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 3/5

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].

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

sd/- 16/09/2025 / TRUE COPY / 16/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

aav To

1. The Judge, Mahila Court, Pudukottai.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Nagudi Police Station, Pudukottai District

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

ORDER

IN CRL OP(MD) No.15302 of 2025 Date :16/09/2025 4/5

NBF/16/09/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5