M Sakthivel v. State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
1. M Sakthivel Alangadu 6th Street, Karuvampalayam, Tiruppur.
N/A.Kamachi Amman Kovil 2nd Street, Iduvai, Tiruppur.
2. B Murugan Alangadu 6th Street, Karuvampalayam, Tiruppur.
N/A.Kamachi Amman Kovil 2nd Street, Iduvai, Tiruppur.
3. M Nagarathinam Alangadu 6th Street, Karuvampalayam, Tiruppur.
N/A. Kamachi Amman Kovil 2nd Street, Iduvai, Tiruppur.
4. M Thamaraiselvi Alangadu 6th Street, Karuvampalayam, Tiruppur.
N/A. Kamachi Amman Kovil 2nd Street, Iduvai, Tiruppur.
.. Petitioners / 1 to 4 Accused
5. Angalaeswari, W/o.Raja, D.No.2/222, Sathan Kovil Theru, Vinayaga Nagar 2nd Street, Polichalur, Kanchipuram District. .. Petitioner / Accused No.5 Vs
State represented by The Inspector of Police, K.V.R. Nagar All Women Police Station, Tiruppur.
..Respondent / Complainant PRAYER:- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to enlarge the petitioners on bail in the event of arrest in Non-bailable warrant issued against the petitioners in the Spl.SC.No.193 of 2025 on the file of Mahila Court, Tiruppur. For Petitioners:
Mr.A Naveen Kumar For Respondent:
Mr.A.Gopinath, Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioners on 18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioners/Accused Nos.1 to 5 apprehend arrest pursuant to the Non Bailable Warrant issued against them on 20.01.2026 in Spl.SC.No.193 of 2025 on the file of Mahila Court, Tiruppur, registered on the file of the respondent-police for the alleged offences punishable under Sections 5(1), 5(j) (II) and 6 of Protection of Children from Sexual Offence Act, 2012 and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006.
3. Mr.A.Naveenkumar, learned counsel for the petitioners, submits that the petitioners/Accused Nos.1 to 5 are facing trial in Spl.SC.No.193 of 2025 pending on the file of the Mahila Court, Tiruppur. He further submits that the first petitioner and the defacto complainant got married on 15.09.2024 and, out of the wedlock, a child was born on 02.01.2026. Unfortunately, the child was born with physical disability and had to undergo surgery. Due to the illness and medical condition of the child, the petitioners were unable to appear before the Trial Court. Consequently, the Mahila Court, Tiruppur, issued a Non-Bailable Warrant on 20.01.2026. Apprehending arrest pursuant to the said warrant, the present petition has been filed seeking for anticipatory bail to the petitioners.
4. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that the petitioners failed to appear before the Mahila Court, Tiruppur on 20.01.2026, pursuant to which a Non-bailable Warrant was issued against them. He further submits that the trial has not yet progressed and the next date of hearing is on 29.05.2026. Hence, he opposes the grant of anticipatory bail and accordingly, he prays to dismiss the petition.
5. Heard on both sides. This Court has perused all the materials available on record.
6. Considering the fact that the petitioners were already granted bail, and thereafter, due to their non appearance before the Trial Court, Non-Bailable Warrant was issued against them on 20.01.2026 and now the case is posted for trial and also considering the facts and cumulative circumstances of the case, this Court is of the view that one more opportunity may be given to the petitioners. Hence, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions: (i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the Mahila Court, Tiruppur, within a period of 15 days from the date of receipt of a copy of this order, on executing a separate bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Mahila Court, Tiruppur. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The Mahila Court, Tiruppur, shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioners shall appear before the Trial Court daily at 10.30 a.m, on all hearing dates without fail.
(iv) The petitioners shall make themselves available for interrogation by a police officer as and when required.
(v) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. (vi) The petitioners shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioners shall not leave India without the previous permission of the Court.
(viii) The petitioners shall furnish their residential address and mobile numbers to the Mahila Court, Tiruppur.
(ix) On breach of any of the aforementioned conditions, the Mahila Court, Tiurppur, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21-05-2026 DRL Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
To 1.The Mahila Court, Tiruppur.
2.The Inspector of Police K.V.R.Nagar All Women Police Station, Tiruppur.
3.The Public Prosecutor, High Court, Madras.
R.SAKTHIVEL, J.
DRL 21-05-2026