Sathish Kumar v. State Rep.By, the Inspector of Police,

ORDER The petitioner, who was arrested and remanded to judicial custody on

24.03.2026 for the alleged offences under Sections 5 (1), 5 (j) (ii) r/w 6 of POCSO Act, Section 9 r/w 10 and 11 of PCMA, in Crime No.8 of 2026 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is approximately forty-two years old and the victim is approximately thirteen years old. It is alleged Page2 of 4 that the petitioner married the victim girl and committed forcible sexual intercourse with her. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 24.03.2026. He further submitted that the victim is the wife of the petitioner and the marriage was solemnized with the consent of the victim's parent. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and produced the victim's statement recorded under Section 183 of the BNSS. He further submitted that the victim is approximately thirteen years old and is pregnant and that the DNA report is awaited. Hence, he opposed for grant of bail to the petitioner.

5.A perusal of the statement recorded under Section 183 of the BNSS, reveals that the victim supported the petitioner's submission. It further reveals that, apart from the victim's parents, the petitioner's parents were also present at the time of marriage and they lived together as husband and wife. Although such statements were made, considering the age of the petitioner (42) and the age of the victim (13), the consent of the victim is of absolutely no relevance when considering the commission of the offence. In view of these circumstances, this Court could not find any merit in the bail application. Page3 of 4 Furthermore, the petitioner's earlier bail application was dismissed on

12.06.2026. Hence, this Court is of the firm view that it is not desirable to enlarge the petitioner on bail. Consequently, this Criminal Original Petition is dismissed. 13-07-2026 ep To

1.The Inspector of Police, All Women Police Station, Palldam Police Station, Tiruppur District.

2.The Public Prosecutor High Court of Madras. CRLoOPoNo.o18179oofo2026 C.KUMARAPPAN,oJ. EP CRLoOPoNo.o18179oofo2026 13-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sathish Kumar ..Petitioner(s) Vs State Rep.by, The Inspector of Police, All Women Police Station, Palladam Police Station, Tiruppur District. Cr.No.8/2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in connection with Crime No.8 of 2026 on the file of the respondent AWPS Palladam Police Station, Tiruppur District, and thus render justice. For Petitioner(s): Mr.M.Rajasekar For Respondent(s): Mr.S.Yogaraja Sekar Government Advocate (Criminal side)