V.Elavarasan vs The State Rep By The Inspector Of Police
2026 Latest Caselaw 2597 Mad

Citation : 2026 Latest Caselaw 2597 Mad
Judgement Date : 14 May, 2026

[Cites 5, Cited by 0]

Madras High Court

V.Elavarasan vs The State Rep By The Inspector Of Police on 14 May, 2026

CRL OP No. 12865 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 12865 of 2026 V.Elavarasan S/o. Vanjinathan, Indhira Colony, Kunathalaiyadi, Tiruvidai Maruthur, Thanjavur District.

..Petitioner(s) Vs The State Rep By The Inspector of Police Kamanickenpalayam Police Station, Tiruppur Distirct.

Crime No.1321 of 2020 ..Respondent(s)

Criminal Original Petition is filed under Section 483 of BNSS Act to enlarge the petitioner on bail in connection with case in Spl.S.C.No.43 of 2021 pending trial on the file of the Ld. Sessions Fast Track Mahila Court, Tiruppur, and thus render justice.

                                  For Petitioner(s):        Mr.C.Harish
                                  For Respondent(s):        Mr.R.Vinothraja, Government Advocate (Crl.Side)

                                                            Order

The petitioner/Accused, was arrested and remanded to judicial custody on

execution of NBW on 28.03.2025 for the offences punishable under Sections

366 IPC, Section 9 of Prohibition of Child Marriage Act (PCMA), Sections 5(1)

r/w.6 of POCSO Act in connection with Spl.S.C.No.43 of 2021 in Cr. No.1321

of 2020, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner married the victim

minor girl and had committed penetrative sexual assault. Hence the case.

3. The learned counsel for the petitioner would contend that the petitioner

had been regularly appearing before the Court. However, due to unavoidable

circumstances, the petitioner was not in a position to appear before the Court,

thereby the Trial Court issued NBW and the same was executed and the

petitioner is in judicial custody from 28.03.2025. Therefore prayed to grant bail

to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that

the charge sheet has already been filed before the learned Sessions Fast Track

Mahila Court, Tiruppur Spl.S.C.No.43/2021, where the Trial Court has

examined 11 witnesses out of 30 witnesses and the case is posted for

examination of witnesses. It is further submitted that earlier, the petitioner failed

to appear before the trial Court and consequently, a Non-Bailable Warrant came

to be issued against him. Thereafter, the respondent Police secured the

petitioner in execution of the said warrant. Therefore, the learned Government

Advocate opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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6. Considering the nature of offence and already bail was granted to this

petitioner and thereafter due to non-appearance of the petitioner before the trial

Court, Non Bailable Warrant was issued and the same was executed and he is in

prison till date, considering the period of incarceration undergone by the

petitioner from 28.03.2025 and now the case is pending before the trial Court,

this Court is inclined to grant bail to the petitioner, subject to the following

conditions:

[a] Accordingly, the petitioner is 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 the satisfaction of the learned

Sessions Fast Track Mahila Court, Tiruppur and on further conditions that:

[b] the petitioner shall report before the learned Sessions Fast Track

Mahila Court, Tiruppur daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of

which he is accused, or suspected, or of the commission of which he 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

him 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

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 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under

Section 269 B.N.S.2023.

13-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

SK

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.

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1. The Inspector of Police Kamanickenpalayam Police Station, Tiruppur Distirct.

2. The Sessions Fast Track Mahila Court, Tiruppur.

3.The Superintendent of Prisons, Central Jail, Coimbatore.

4.The Public Prosecutor, Madras High Court.

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P.DHANABAL J.

14-05-2026

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