Karuppusamy v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. KARUPPUSAMY S/o.Suppan, D.No.2/116, Kannamanaickenur Village and Post, Udumalpet Taluk, Tiruppur District-642 126.
Petitioner(s) Vs
1. The State Rep by, The Inspector of Police, AWPS, Udumalpet, Tiruppur District.
Cr.No.17/2025.
Respondent(s) PRAYER To enlarge the petitioner on bail in the above Spl.SC No.98/2025 on the file of the Magalir Neethimandram, (Fast Track Mahila Court), Tiruppur on the file of AWPS, Udumalpet, Tiruppur District Cr.No.17/2025. For Petitioner(s):
T.Ganesan
For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.03.2025 for the alleged offence under Sections 5(1), 5(n) 5(j)(ii) & 6 of Protection of Child from Sexual Offences Act, 2012, and Section 9 of Prohibition of Child Marriage Act, in Crime No.17 of 2025, on the file of respondent police, seeks bail.
2. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case, as if he had committed sexual abuse on the victim girl. It is further submitted that, being known to the family, the petitioner married the victim girl, but the Child Welfare Committee lodged the complaint. He further submitted that the petitioner has been suffering incarceration from 25.03.2025. Hence, he seeks for grant of bail to the petitioner.
3. The learned Government Advocate (Crl. Side) submitted that the victim girl has delivered a female child. He stated that the petitioner had earlier
married the elder sister of the victim girl. Thereafter, the victim girl came into contact with the petitioner. Though the petitioner was married to her elder sister, the victim girl developed an affair with him, and she has now delivered a female child on 18.06.2025. It was further submitted that the charge sheet has already been filed. The elder sister of the victim girl is now married to another man. He also submitted that the victim girl's statement under Section 164 Cr.P.C. was recorded, wherein she stated that she had married the petitioner and conceived through him, and has now given birth to a female child. At present, the victim and her child are under the custody of her parents.
4. Taking into consideration the facts and submissions made by both counsels, and the investigation is almost completed and 164 statement was recorded, and also considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Magalir Neethimandram, Fast Track Mahila Court, Tiruppur, and on further conditions that:
(a) the sureties shall affix 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 petitioner shall report before the respondent police as and when required for interrogation. (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioner shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the 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 bail by the 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.
12-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.The State Rep by, The Inspector of Police, AWPS, Udumalpet, Tiruppur District.
Cr.No.17/2025.
2. The Magalir Neethimandram, (Fast Track Mahila Court) Tiruppur.
3. The Superintendent of Prison, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras 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.
T.V.THAMILSELVI J.
rri CRL OP No. 25074 of 12-09-2025