Velu v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
1. Velu
2. Vennila ... Petitioner(s) /Accused 2 & 3 Vs.
The Inspector of Police, Ulundurpet All Women Police Station, Ulundurpet, Kallakurichi District. ... Respondent(s)/ Complainant Crime No.15 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to grant anticipatory bail to the petitioners/ accused 2 and 3 in the event of arrest in Crime No.15 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.Krishnasamy Chinnasamy For Respondent(s) : Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 7
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(2), 296(b) and 351(2) of BNS, 2024 r/w Section 5(1)(n) of the POCSO Act, 2012 r/w Section 9 of the Prohibition of Child Marriage Act, 2006, in Crime No.15 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the first accused and the defacto complainant were in a consensual relationship; that on the promise of marriage, the first accused had sexual intercourse with the defacto complainant; that when the defacto complainant became pregnant, the first accused refused to marry her; and that the petitioners herein arrayed as the second and third accused are the parents of the first accused who abetted the offences committed by the first accused.
3. The learned counsel appearing for the petitioners submitted that the allegations are false; and that in any case, custodial interrogation is not Page No.2 of 7
required and sought for anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the first accused and the defacto complainant were in a consensual relationship; and that when the defacto complainant became pregnant, the first accused refused to marry her, and the petitioners abetted the first accused.
5. The allegations are primarily against the first accused. The petitioner/ second and third accused are his parents. Considering the aforesaid facts, and since, custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to thepetitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Page No.3 of 7
Principal District & Sessions Court, Kallakurichi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall appear before the respondent police as and when required for interrogation by the respondent police;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the Page No.4 of 7
learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
09.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. The Inspector of Police, Ulundurpet All Women Police Station, Ulundurpet, Kallakurichi District.
2. The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 7
3. Principal District & Sessions Court, Kallakurichi. SUNDER MOHAN, J.
skr Page No.6 of 7
09.04.2025 Page No.7 of 7