Veerapandi vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 22.03.2026 for the offences punishable under Sections 'Girl Missing' @ 87 of BNS, 2023 and Section 5(1) r/w Section 6 of POCSO Act, in Crime No.64 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant is the father of the victim girl, who is studying 12th standard. On 19.03.2026, the victim girl was found missing. Hence, a case has been registered as 'Girl Missing' and on 22.03.2026, the police secured the victim girl and the accused. On enquiry, it came to know that the petitioner had sexual intercourse with the victim girl by giving a false promise that he would marry her. Hence, this case.

The 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 submit that both are fell in love and at the instigation of the victim girl only the petitioner went to her house and took her to to the relative's house Coimbatore Coimbatore and the petitioner has no previous case and he has been arrested and remanded to judicial custody on 22.03.2026. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had sexual intercourse with the victim girl by giving a false promise that he would marry her and the investigation is still pending and no previous case is pending against the petitioner and he also produced the statement of the victim girl recorded under Section 183 of BNSS.

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

Considering the rival submissions made by the learned counsel on either side, nature of offence, and a perusal of the the statement of the victim girl recorded under Section 183 of BNSS, 2023 reveals that there is a love affair between the petitioner and the victim girl and no previous case is pending against the petitioner and considering the period of incarceration undergone by the petitioner, 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 Principal Sessions Court, Tenkasi, Tenkasi District, and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m until further orders;

[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 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.