Jeevanandam v. The State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Jeevanandam, M/A 23 years, S/o.Murugan, No.3/4, Pallapalayam, Udumalpet Taluk, Tiruppur - 642 112.

Now residing at:

No.1/12, Sidhanathar Mandapam Street, Sakthisoyas, Valanthayamaram Post, Anaimalai, Coimbatore - 642 104.

... Petitioner/Accused /versus/ The State, Represented by The Inspector of Police, AWPS- Valparai Police Station, (Crime No.5 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.5 of 2025 on the file of the Inspector of Police, AWPS Valparai Police Station, Coimbatore District. For Petitioner :

Mr.S.Arul Selvan For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who arrested and remanded to judicial custody on 09.07.2025, for an offence punishable under Section 5(l), 5(j)(ii) read with Section 6 of POCSO Act, 2012 and Section 65(1), 127(3), 332(a) of BNS and Section 9 of Prohibition of Child Marriage Act, 2006, in Crime No.5 of 2025 registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that, the petitioner allegedly married the victim girl and had physical intimacy with her, which resulted in the victim girl becoming pregnant. It is further alleged that the petitioner married a child and she gave birth to a male baby on 23.08.2025.

3. On the complaint lodged by the Child Help Line Superintendent, the petitioner was arrested on 09.07.2025, for impregnating a minor girl aged less than 15 years.

4. The learned counsel appearing for the petitioner submits that it is incorrect to state that the victim girl is less than 15 years old. It is further submitted that the petitioner and the victim girl were in love, got married and living together happily. When the victim girl went to the hospital for a routine 2/6

check-up, complaint was lodged against the petitioner, leading to his arrest.

5. The learned counsel for the petitioner further submits that since the petitioner has been in prison, he has been unable to take care of his wife and child.

6. Considering the nature of the offence, this Court is of the view that the confinement of the petitioner in prison is not necessary. Hence, this Court is inclined to grant bail to the petitioner, subject to 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 likesum to the satisfaction of the learned Principal Special Court Exclusive Trial of Cases under POCSO Act, Coimbatore. [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;

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[b] The petitioner shall appear before the respondent police as and when required for interrogation.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

03.09.2025 bsm To,

1. The Principal Special Court Exclusive Trial of cases under POCSO Act, Coimbatore

2. The Inspector of Police, AWPS- Valparai Police Station, Coimbatore.

3. The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras. 4/6

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.

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Dr.G.JAYACHANDRAN, J.

bsm 03.09.2025 6/6