Mayakrishnan (A1) v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP NO. 21972 of 2025 1.Mayakrishnan 2.Pandithurai 3.Sudha 4.Sudhakar
...Petitioner(s)
Vs State, Rep by The Inspector of Police, AWPS - Selaiyur Police Station, Chengalpattu District.
(Crime No. 26 of 2025)
...Respondent(s)
Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.26 of 2025 on the file of the respondent police.
For Petitioner(s) :
Mr.Vishwanth S C For Respondent(s):
Mr.S.Udayakumar, Government Advocate (Crl.Side) 1\6
ORDER
The petitioners who apprehend arrest for the alleged offences under Sections 9 and 10 of Prohibition of Child Marriage Act in Crime No. 26 of 2025 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the 1st petitioner married the minor girl with the help of the other accused. 3.The learned counsel for the petitioners submitted that the 2nd petitioner is the father of the 1st petitioner and the 3rd petitioner is the mother of the victim and the 4th petitioner is the maternal uncle of the victim girl. All are the family members and they did not commit any offence. Based on the false marriage allegations, the case has been foisted against them. The petitioners are ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the 1st petitioner is married the minor girl with the help of the family members and the victim was secured. Hence, he 2\6
vehemently opposed to grant bail to the petitioners. 5.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tambaram, on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 for interrogation.
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(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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
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To 1.The Judicial Magistrate No.II, Tambaram.
2.The Inspector of Police, AWPS - Selaiyur Police Station, Chengalpattu District.
3.The Public Prosecutor, Madras High Court, Chennai.
Note:
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.
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T.V.THAMILSELVI, J.
mps CRL OP NO. 21972 of 2025 09.09.2025 6\6