Raman v. The State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

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

State Rep. By The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

(Crime No.56 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.56 of 2025 on the file of the respondent police station.

For Petitioner :

Mr.P.M.Jayachandran For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.05.2025, for the offences punishable under Section 9 of Prohibition of 1/6

Child Marriage Act in connection with Crime No.56 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner and de-facto complainant's daughter loved each other. On the date of occurrence, the defacto complainant's daughter went to the special class at her college and she did not return home. The de-facto complainant came to know that her daughter married the petitioner at Sivan Temple at Belagondapalli. Hence, the case.

3. The contention of the learned counsel for petitioner is that the petitioner and the victim girl were loved each other for more than five years. Since the victim's parents arranging marriage for the victim girl, she forced the petitioner to take her otherwise she would commit suicide. Left with no other option, the petitioner had to accompany the victim girl. Both of them eloped and married in Sivan Temple. Thereafter the petitioner and victim girl appeared before the respondent police and informed about the happenings. In the meanwhile, the victim's parents came there and forced the victim to come along with them. The victim refused to go along with them, hence she 2/6

referred to Vallalar Home and the petitioner was arrested in this case. Hence, he prayed to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner and the victim girl were loved each other. The victim is few months short of majority. Victim is a college student. The victim is consistent and she wanted to go along with the petitioner not with her parents. Thereafter, she was sent to Vallalar Home. There she affected with blisters on the face, hence she returned to her house. The victim's parents wanted the petitioner not to participate in the Jallikattu and continue his employment and not to wander with friends.

If so, the parents of the victim would make arrangement for marriage, which is confirmed by the victim's statement recorded under Section 164 of Cr.P.C. 5.Heard the learned counsel appearing on both sides. 6.Considering the submissions made and on perusal of Section 164 Cr.P.C. statement, it is seen that it is a case of love affair. Further considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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 Judicial Magistrate No.I, Hosur 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 Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall appear before the respondent police as and when required for interrogation; [c] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [d] 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;

[e] 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 4/6

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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 04.07.2025 rsi 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 Judicial Magistrate No.I, Hosur.

2.The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

3.The Superintendent, Sub Jail, Krishnagiri.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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