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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025

CORAM

THE HON'BLE MRS JUSTICE T.V.THAMILSELVI 1.Nagadevan 2.Nagendhiran 3.Rajeshwari 4.Priya ... Petitioners Vs.

State Rep. by, The Inspector of Police, Sathuvachari Police Station, Vellore District.

(Crime No. 140 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest a case in crime No. 140 of 2025 on the file of the Respondent. For Petitioners :

Mr.Deepak Kumar C For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5(1), 5(j) (ii), 6, 17 of POCSO Act and 1/6

Sections 9 and 10 of Prevention of Chile Marriage Act, in Crime No.140 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of prosecution is that the complaint lodged against one Senthil Kumar, who alleged to have married the victim girl in connivance with his parents and relatives. After that the victim girl got conceived and she went to medical check up, the matter was reported to the police which has lead to filing of criminal complaint under POCSO Act and Child Marriage Prohibition Act against him and his parents and the parents of the victim girl.

3. The learned counsel appearing for petitioners submitted that the entire allegation is false, vindictive, wanton and they are no way connected with the offence. He would submit that they have not at all committed any of offence as alleged by the respondent police and they have been falsely implicated in this case and they will abide by any condition that may be imposed by this court. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent police, opposed the grant of anticipatory bail to the petitioners and submitted that the investigation is almost completed.

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5. Considering the above facts and circumstances including the fact that the investigation is almost completed and taking into account the undertaking of the petitioners to abide by any condition that may be imposed by this court, this Court is inclined to grant interim anticipatory bail to the petitioners subject to the following conditions.

6.Accordingly, the petitioners are ordered to be released on interim bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate-II, Vellore on condition that the petitioners shall also execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for interim anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix 3/6

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 petitioners shall report before the respondent police as and when required;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 4/6

can be registered under Section 269 of B.N.S.. 08.09.2025 rpl To 1.The Judicial Magistrate-II, Vellore.

2.The Inspector of Police, Sathuvachari Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI , J.

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rpl 08.09.2025 6/6