Rajkumar v. The Lnspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. RAJKUMAR

2. DHANAM

3. RAJENDIRAN

4. RAJENDIRAN

5. DHANAM Petitioner(s) Vs The Inspector of Police, AWPS Thirukoilur, Kallakurichi District (Crime No. 30 of 2025).

Respondent(s) PRAYER This Criminal Original Petition is filed to order the petitioners to be enlarged on anticipatory bail in the event of their arrest in crime No. 30 of 2025 on the file of the Inspector of Police, AWPS, Thirukoilur, Kallakurichi District. For Petitioner(s):

Mr.A.Tamilselvan For Respondent(s):

M/s.R. Vinoth Raja GA (Crl. Side)

ORDER

The petitioners, apprehend arrest for the alleged offences under Section 9 and 10 of Prohibition of Child Marriage Act, 2006 read with Section

5(n),(l)(j)(ii), 6, & 7 of POCSO Act and Sections 85, 296(b) & 115(2) of BNS in Crime No.30 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the second and third petitioners, who were the caretakers of the defacto complainant, arranged for her marriage to the first petitioner in 2020, when she was minor. Thereafter, the petitioners have allegedly abused and assaulted her and sexually harassed the victim and her family members. Hence, the case.

3.

The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. Now, petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, the learned counsel prays for anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the

respondent police reiterated the prosecution's case and opposed for grant of anticipatory bail to the petitioners.

5.Taking into consideration the facts and circumstances of the case and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioners 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 (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate, Sankarapuram, Kallakurichi District on condition that the petitioners shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] 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 first petitioner shall report before the respondent Police daily at 10. 30 a.m., for a period of two weeks and thereafter as and when required for further interrogation;

[c] the second, third, fourth and fifth petitioners shall report before the respondent police as and when required for interrogation;

[d]the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; [f] On breach of any of the aforesaid conditions, the learned 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 of B.N.S.

26-06-2025 Jai

To 1.The Inspector of Police, AWPS Thirukoilur, Kallakurichi District.

2. The Judicial Magistrate, Sankarapuram, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP No. 14846 of 26-06-2025