Arumugam v. The State Rep by the Inspector of Police

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

24.06.2026 for the alleged offences under Sections 5 (j) (ii), 5 (l), 5 (n), 6 (1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 9 of Child Marriage Act, 2006, in Crime No.30 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the victim is approximately fiteen years old and the petitioner is approximately forty-three years old. It is alleged Page2 of 4 that the petitioner married the victim girl and had sexual intercourse with her. Consequently, the victim became pregnant. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 24.06.2026. He further submitted that the petitioner and the victim are already married and that she is living at her matrimonial home. Hence, he prays to grant bail to the petitioner.

4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police produced the victim's statement recorded under Section 183 of the BNSS, wherein the victim stated that she and the petitioner got married, were living together and that she was six months pregnant. He further submitted that the case is under investigation and the charge sheet is yet to be filed. He stated that two previous cases have been registered against the petitioner, one of which is under 302 I.P.C (2 counts) and the other is under NDPS Act. Hence, he opposed for the grant of bail to the petitioner.

5.The learned counsel for the petitioner produced the victim girl efore this Court and she states that she is living with the petitioner. Page3 of 4

6.Considering the nature of allegations, the statement of the victim recorded under Section 183 BNSS that she is now living in her matrimonial home, and the fact that the petitioner has been incarcerated since 24.06.2026, this Court is of the firm view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of learned Sessions Judge, Fast Track Mahila Court, Krishnagiri District, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent daily at 10.30 a.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; Page4 of 4

N.RAMESH, J. e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 19-08-2026 ep Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1.The Sessions Judge, Fast Track Mahila Court, Krishnagiri District.

2.The Superintendent of Prison, District Prison, Dharmapuri.

3.The Inspector of Police AWPS, Uthangarai, Krishnagiri District.

4.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Arumugam ..Petitioner(s) Vs The State Rep by The Inspector of Police AWPS, Uthangarai, Krishnagiri District. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail pending investigation in Crime No.30 of 2026 on the file of Inspector of Police, AWPS Uthangarai, Krishnagiri District. For Petitioner(s): Mr.R.Sankarasubbu For Respondent(s): Mr.M.M.I.Khaleel, Government Advocate (Criminal side)