THAVASI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner / Accused, who was arrested and remanded to judicial custody on 8/1/2026 for the offences punishable under Ss. 5(l) r/w 1 of POCSO Amendment Act 2019 and Sec. 9 of the Child Marriage Act 2006. Thereafter, the charge sheet filed in Spl S.C.No.49 of 2024 on the file of the Mahila Court, Pudukkottai for the offences under Ss. 5(l) r/w 1 of POCSO Amendment Act 2019 and Sec. 9 of the Child Marriage Act 2006, Sec. 137(2) of BNSS (Corresponding offences under Ss. 366 of IPC), seeks bail.

(2.) The learned counsel for the petitioner submitted that after the registration of the case in Crime No.10 of 2024 and the respondent police have completed the investigation and filed a charge sheet in Spl.S.C.No. 49 of 2024 before the Mahila Court, Pudukkottai. He further submitted that due to non-appearance of the petitioner, the trial Court has issued NBW against the petitioner and the same was executed on 8/1/2026. He further submitted that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioner is in judicial custody from 8/1/2026. Hence, he seeks bail.

(3.) The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.