Ragul vs State Rep.by, The Station House Officer, Kallakurichi Police Station

The petitioner, who was arrested and remanded to judicial custody on 08.09.2026 for the alleged offences under Section 9 of the Child Marriage Act and Section 7, 8 of Protection of Children from Sexual Offences Act, 2012 and Section 107 of BNS Act, in Crime No.573 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner and the victim girl loved each other and got married. Thereafter, the petitioner took her to his home, following which he remained silent and instigated her to commit suicide. Hence, the defacto complainant lodged a complaint against the petitioner.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been in judicial custody since 08.09.2026. He further submitted that at the time of marriage, the petitioner was unaware of the victim girl’s age and that there was no specific allegation against the petitioner that he had instigated the victim to commit suicide. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the victim is aged 17 years and the petitioner aged 24 years. He also produced the deposition of the petitioner before this Court. He further submitted that the victim is no more, and that the investigation is almost completed. Hence, he opposed the grant of bail to the Petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

Considering the nature of the allegations and the submissions made by the learned counsel on either side, the period of incarceration already undergone by the petitioner and the relationship between the parties and that the investigation is almost completed, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

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 Principal District and Session Judge, Kallakurichi, and on further conditions that:

[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 police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation;

[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;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.