CRL OP No. 16934 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16934 of 2026 Karthick ..Petitioner(s) Vs State rep by The Inspector of Police Kavundapadi Police Station, Erode District. Crime No.110 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in Crime No.110 of 2026 on the file of the respondent . For Petitioner(s): Mr.J.Ranjithkumar For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 15.05.2026 for the alleged offences under Sections 5 (l), 5 (n) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, in Crime No.110 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner is aged approximately twenty-six years and the defacto-complainant is aged seventeen years. It is https://www.mhc.tn.gov.in/judis CRL OP No. 16934 of 2026 __________ Page2 of 6 alleged that the defacto-complainant and the petitioner had a love affair, during which the petitioner sexually assaulted her. Hence the case. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 15.05.2026. He further submitted that the petitioner and the defacto-complainant had a love affair and that it was an adolescent relationship. 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 and he opposed for grant of bail to the petitioner. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 6.On perusal of the statement recorded under Section 183 of the BNSS statement, this Court finds that there was a love affair between the petitioner and the victim. From the narration of the statement, this Court observes an adolescent relationship between them. It is seen that the victim stated that she and the petitioner had married each other and they had a physical relationship on one occasion. https://www.mhc.tn.gov.in/judis CRL OP No. 16934 of 2026 __________ Page3 of 6 7.Considering the statement recorded under Section 183 of the BNSS, which reveals that there is no allegation against the petitioner in respect of forcible penetrative sexual assault, the fact that the petitioner is aged about twenty-six years, the victim is aged about seventeen years, and the petitioner has been incarcerated since 15.05.2026, this Court is of the firm view that his further custody is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. 8. Accordingly, 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 the learned Sessions, Magalir Neethimandram (Fast Track Mahila Court) Erode, 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 morning 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; https://www.mhc.tn.gov.in/judis CRL OP No. 16934 of 2026 __________ Page4 of 6 [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. 08-07-2026 ep Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All 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. https://www.mhc.tn.gov.in/judis CRL OP No. 16934 of 2026 __________ Page5 of 6 To 1.Sessions, Magalir Neethimandram (Fast Track Mahila Court) Erode. 2.The Superintendent of Prison, District Jail, Gobichettipalayam. 3.The Inspector of Police Kavundapadi Police Station, Erode District. 4.The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 16934 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. EP CRL OP No. 16934 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis