Karunan Alias Karunanidhi v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL OP No. 13378 of 2026 Karunan @ Karunanidhi S/o. Karuppiah 2/369-D, Kanchiyappan Street, Pirappanvalasalai, Ramnad Taluk and District 623 516.
...Petitioner/Single Accused
Vs The Inspector of Police, Thiruthuraipoondi Police Station, Tiruvarur District.
Crime No.115 of 2026
...Respondent/Complainant
PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.115 of 2025 on the file of the respondent police.
For Petitioner :
Mr.Palanivel Nadimuthu For Respondent :
Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner/single accused on 19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner/single accused, apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 79 of Juvenile Justice Act, 2015 r/w Section 14(1) of the Child Labour and Adolescent Labour (Prohibition and Regulation) Act, 1986 r/w Sections 9, 16 and 17 of the Child Labour System (Prohibition) Act, 1976, r/w Section 143(iv) (370 of IPC) of Bharatiya Nyaya Sanhita (BNS) Act, 2023, in Crime No.115 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that the petitioner has purchased the victim boy for Rs.40,000/- as bonded labour from his mother and has engaged him as Goat Shepherd. Hence, the case.
4. Mr.Palanivel Nadimuthu, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the child was employed only as a seasonal worker. Further, without prejudice to his defence, the petitioner is ready and willing to give a sum of Rs.50,000/- (Rupees Fifty thousand Only) as compensation to the victim boy for his rehabilitation. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.
5. Per contra, Mr.S.Yogaraja Sekar, the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent-police, reiterated the prosecution case and he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. In view of the facts and circumstances, with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner. However, subject to the following conditions:
(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate Tiruthuraipoondi within a period of 15 days from the date on which the order copy is made ready, on executing a 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 learned Judicial Magistrate, Tiruthuraipoondi.
(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 learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity.
(iii) The petitioner shall give a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as compensation to the victim boy without prejudice to his defence within 15 days from the date of receipt of a copy of this order by way of Demand Draft drawn in favour of the mother of the victim; (iv) The learned Judicial Magistrate, Tiruthuraipoondi shall send the demand draft directly to the victim boy's mother or through the Legal Services Authority, Namakkal District.
(v) The petitioner shall appear and sign before the respondent-police weekly once i.e., on every Monday at 10.00 a.m. until further orders. (vi) The petitioner shall make himself available for interrogation by a police officer as and when required.
(vii) The petitioner 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. (viii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (ix) The petitioner shall not leave India without the previous permission of the Court.
(x) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.
(xi) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner 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.
9. For Reporting Compliance, list the matter on 15.06.2026. 22-05-2026 dk/srm 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 official website of this Court will be watermarked and will also have a QR code.
To
1. The Judicial Magistrate, Tiruthuraipoondi.
2. The Inspector of Police, Thiruthuraipoondi Police Station, Tiruvarur District.
3. The Public Prosecutor, High Court of Madras,
Chennai - 600 104.
R.SAKTHIVEL, J.
dk/srm CRL OP No. 13378 of 2026 22-05-2026