Allowed

Periyamaruthu v. State Of Tamilnadu Rep By Inspector Of Police, Jeyamangalam

Madras HC21 Apr 2026CRL OP(MD)/7748/2026

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted bail to the petitioner accused of offences under BNS and POCSO Act. The court noted the petitioner had previously been on bail, absented himself, and was subsequently arrested. Bail was granted subject to strict conditions regarding reporting and conduct.

What did the court decide?

The petitioner was ordered to be released on bail on a bond of Rs.10,000 with two sureties for similar sums, subject to specific conditions of reporting and conduct.

Periyamaruthu Vs State Of Tamilnadu Rep By… — Child Custody and Guardianship | Madras HC (2026)

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CRL OP(MD). No. 7748 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 21.04.2026

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PRESENT

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THE HONOURABLE MR. JUSTICE P. DHANABAL

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CRL OP(MD). No. 7748 of 2026

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Periyamaruthu

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...Petitioner/Accused No.1

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State of Tamil Nadu rep. by The Inspector of Police, Jeyamangalam Police Station, Jeyamangalam, Theni District. (Crime No.13 of 2025) ...Respondent/Complainant

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For Petitioner:Mr.K.Muthurakkan For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor

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PETITION FOR BAIL Under Sec.483 of BNSS

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PRAYER :-to enlarge the petitioner on bail in Spl.S.C.No.6 of 2026 on the file of the Principal

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CRL OP(MD). No. 7748 of 2026

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Special Court for Exclusive Trial of Cases under POCSO Act, Theni, in connection with the Crime No.13 of 2025 on the file of the respondent Police.

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ORDER : The Court made the following order :-

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When the matter is taken up for hearing the learned counsel for the petitioner submitted that in the petition, the District of the respondent police station has been wrongly mentioned as “Tirunelveli District” instead of “Theni District”. Therefore, the said typographical error has to be corrected.

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2.Hence, Registry is directed to carry out

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the above said correction in the main petition.

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3.The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 26.02.2026 for the offences punishable under

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CRL OP(MD). No. 7748 of 2026

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Sections 87, 332(b), 65(1) and 127(4) of BNS, 2023, and Section 5(l) r/w 6 and 17 of POCSO Act, and Section 9 of the Prohibition of Child Marriage Act, in Crime No.13 of 2025 on the file

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of the respondent police, seeks bail.

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The learned counsel for the petitioner

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would submit that the petitioner was already released on bail and since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued 23.02.2026 and the same was executed on 26.02.2026 and he is still in judicial custody. He would further submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

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The learned Additional Public Prosecutor

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appearing for the respondent would submit that

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CRL OP(MD). No. 7748 of 2026

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due to non-appearance, the Non-Bailable Warrant was issued against the petitioner and the same was executed on 26.02.2026. He would further submit that the case in Spl.S.C.No.6 of 2026 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, is pending trial. Hence, he strongly opposed to grant bail to the petitioner.

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This Court heard both sides and perused

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the materials available on record.

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Considering the rival submissions made by

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the learned counsel on either side, nature of offence, and considering the fact that already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued and the case in Spl.S.C.No.6 of 2026 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, is pending trial

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and also considering the period of incarceration undergone by the petitioner from 26.02.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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[a] Accordingly, the petitioner is

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ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to

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the satisfaction of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, and on further

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conditions that:

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[b] the petitioner shall report before

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the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, on all working days at 10.30 a.m., until

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further orders.

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[c] the petitioner shall not commit

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any offence similar to the offence of

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which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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[d] the petitioner shall not abscond either during investigation or trial;

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[e] the petitioner shall not directly

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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;

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[f] On breach of any of the aforesaid conditions, the learned Judicial

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Magistrate/Trial Court is entitled to take appropriate action against the petitioner

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in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned

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CRL OP(MD). No. 7748 of 2026