Laxmanan v. The State of Tamilnadu Rep by

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 14440 of 2026 Laxmanan

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Theni, Theni District. (Crime No.19 of 2026)

...Respondent/Complainant

For Petitioner : Mr.S.Karthick Ramkumar

Advocate

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 19 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 29.06.2026, for the offences punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, in Crime No.19 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner has married the victim girl, who is aged about 15 years. Hence, the case has been registered and the petitioner was arrested.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submitted that in the FIR itself it is categorically stated that it is only the case of child marriage and it is not the case under POCSO Act. He is ready to co-operate with the investigation. He is in custody from 29.06.2026. Hence, he prayed for grant of bail.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the statement of the victim under Section 183(5) BNSS has also been recorded. Investigation in this case is still pending. Hence, he opposed the grant of bail to the petitioner.

¶5This Court heard both sides and perused the materials available on record.

6.Considering the rival submissions made on either side, nature of the offences, statement of victim girl recorded under Section 183(5) of BNSS, wherein, she has not stated any thing about the sexual assault, it is case of child marriage, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to the condition: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Theni, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/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 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J)

16.07.2026 TM To

1.The Judicial Magistrate, Additional Mahila Court, Theni.

2.The Inspector of Police, All Women Police Station, Theni, Theni District. (Crime No.19 of 2026)

3.The Superintendent, District Prison, Theni.

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

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 14440 of 2026 Date : 16.07.2026