Azhkuraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Azhkuraj Petitioner(s) Vs The State rep by The Station House Officer, Kariyalur Police Station, Kallakurichi District.

Crime No.201 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the Petitioner on bail in the event of his arrest by the respondent police in Crime No.201 of 2025.

For Petitioner(s):

Mr.V. Gunasekar For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections Women Missing @ 126, 127(3), 87 of BNS Act, 2023 in Crime No.201 of 2025 seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner/A3 joining hands with other accused abducted the victim girl who aged about 21 years and forcibly took her in a Car and married her against her willingness. While they were travelling in the Car, the victim girl was secured by the respondent police. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the victim girl was secured and the petitioner has no previous antecedent. Apart from taking her to the temple and marrying her, no other offence was committed by the petitioner. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that earlier there was a proposal to marry the victim girl by the petitioner herein and subsequently, the petitioner along with two other accused, abducted her to the temple and tied "Thali" and thereafter, while taking the victim girl, the police party rescued her and two other accused were absconding. Therefore, he opposed for the grant of anticipatory bail to the petitioner. 5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, that the petitioner

has no previous antecedents; that the victim girl was secured; this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned District Munsif cum Judicial Magistrate at Kalvarayan Hills, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 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, everyday at 10.30 a.m., for a period of two weeks and thereafter 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 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 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 269 of B.N.S.

01-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State rep by The Station House Officer, Kariyalur Police Station, Kallakurichi District.

Crime No.201 of 2025 2.The District Munsif cum Judicial Magistrate at Kalvarayan Hills.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 32617 of 01-12-2025