Thirumalan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Thirumalan ... Petitioner/ Accused Vs.

The State of Tamil Nadu, Rep. by The Inspector of Police, Eravanchery Police Station, Thiruvarur District.

(Cr.No.39 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.39 of 2025 pending on the file of the respondent. For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondent :

Mr.L.Baskaran - Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 30.04.2025, for the offence punishable under Sections 87 of BNS under Section 5(l) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 in Crime No.39 of 2025, registered on the file of the respondent, seeks bail.

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2. Learned counsel appearing for the petitioner submitted that the petitioner and the victim girl became friends through Instagram and thereafter, victim was in regular contact with the petitioner. He further submitted that the parents of the victim girl arranged a marriage for the victim girl with some other person, which was not accepted by the victim girl and therefore, she compelled to the petitioner to marry her and she had also informed the same to the petitioner's mother. He further submitted that thereafter, victim girl, petitioner and his mother had gone to Yercaud and married her, which has been projected as if the petitioner had touched the victim girl's private part. He further submitted that the petitioner is suffering incarceration from 30.04.2025 and hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and produced the statement of the victim girl. 2/6

4. Heard both sides and perused the materials available on record.

5. It is seen from the statement of the victim girl under Section 164 of Cr.P.C., that the petitioner, victim girl and the petitioner's mother had gone to Yercaud and in the temple, petitioner married the victim girl and she had also stated that the petitioner had touched the private parts of the victim girl, for which she had shouted and thereafter the petitioner had kept away and on all these occasions, petitioner's mother was also nearby. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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, Fast Track Mahila Court, Thiruvarur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of 3/6

Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.06.2025 sma 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 certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Sessions Judge, Fast Track Mahila Court, Thiruvarur. 2.The Inspector of Police, Eravanchery Police Station, Thiruvarur District.

3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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