Dhilipkumar v. The State Of Tamil Nadu Represented By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR CRL OP NO. 15595 of 2025 Dhilipkumar .

... Petitioner/Accused Vs The State of Tamil Nadu rep. by The Sub Inspector of Police, Tirupattur Town Police Station, Tirupattur District. Crime No.70/2025 ... Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.70 of 2025 on the file of the respondent Police.

For Petitioner(s): Mr. E.Kannadasan For Respondent(s): Mr.V.J.Priyadarsana, Govt.Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.04.2025 for the alleged offence punishable under Sections 87, 137(2), 64 of BNS r/w Sections 5(1), 6 of POCSO Act 2012 and Section 9 of Child Marriage Act, in Crime No.70 of 2025, on the file of the respondent police, 1/6

seeks bail.

2. The case of the prosecution is that, the petitioner and the victim are having love affair with each other and on 19.03.2025, the petitioner took the victim from her house and stayed along with her in his relative's house and subsequently, he married the victim and had physical relationship with her. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner and the victim are having love affair with each other and the petitioner married the victim and in such circumstances, the de-facto complainant had given a false complaint against the petitioner. He would further submit that the petitioner was arrested and he is in judicial custody from 04.04.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner has love affair with the victim, who is a minor aged about 16 years and he married her. Hence, he opposed 2/6

for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also considering all others factors, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Sessions Judge, Division of Tirupattur District and on further conditions 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 petitioner shall report before the 3/6

concerned Magistrate/Judge on every Monday to Friday at 10.30.a.m., and further report before the respondent police on every Saturday and Sunday at 10.30.a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 21.05.2025 mst Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on 4/6

certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To 1.The Sessions Judge, Division of Tirupattur District.

2. The Sub Inspector of Police, Tirupattur Town Police Station 3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

5/6

N.SENTHILKUMAR, J.

mst 21.05.2025 6/6