Sathishkumar @ Sathish v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL Sathishkumar @ Sathish ... Petitioner/Accused Vs State of Tamil Nadu, The Inspector of Police, All Women Police Station - Keeranur, Pudukkottai District.
In Crime No.01 of 2025.
... Respondent/Complainant For Petitioner : Mr.Sathyachidambaram For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.01 of 2025 on the file of the respondent Police. 1/4
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 21.01.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 5(n), 5(1), 5(j)(ii), 6(1) Protection of Child from Sexual Offences Act, 2012 and Section 9 of prohibition of Child Marriage Act, 2006 in Crime No.01 of 2025 on the file of the respondent police.
3. The case of the prosecution is that on 25.04.2024, the daughter of the defactocomplainant, who is the victim girl, found missing and on the next day i.e.,26.04.2024, she came to know that her daughter and this petitioner got married and thereafter, there was no communication between them. On 03.01.2025, the daughter called the defacto-complainant and told her that she was admitted in hospital. Further, she came to know that her daughter is 5 months pregnant and due to low blood level, she got admitted in hospital. Hence, this case.
4. Mr.Sathyachidambaram, learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he do not know that the child marriage is an offence and also he did not force the victim girl. Hence, he prays to grant an order of pre-arrest bail.
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5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent Police submitted that the child marriage is a clear offence. He further submitted that if this Court grants bail to the petitioner, he may disturb the victim girl. He further submitted that custodial interrogation is required in this case.
6. The petitioner married a minor girl and there is a possibility of creating disturbance to the minor victim girl. Taking into consideration the facts and circumstances of the case and considering the fact that custodial interrogation is required in this case, this Court is of the view that granting an order of pre-arrest bail would likely result in committing similar offence in the society.
7. Therefore, this Court is not inclined to grant pre-arrest bail to the petitioner and hence, this Criminal Original Petition stands dismissed. sd/- 03/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
APD TO THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION - KEERANUR, PUDUKKOTTAI DISTRICT.
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2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1194 of 2025 Date :03/02/2025 SS/SKN/SAR- /18/02/2025/ 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4