Azarudeen v. State Of Tamilnadu Rep By Inspector Of Police, Alangudi-Awps
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Azarudeen
2. Mohamed Sulthan ... Petitioners/Accused Vs The State of Tamilnadu Rep by the Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District.
(Crime No.02 of 2024). ... Respondent/Complainant For Petitioners : Mr.A.Arun Ramnath, Advocate.
For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Crime No.02 of 2024 on the file of the Respondent Police.
1/6
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5(1), 5(j) (ii), 6(1), 17 of Protection of Child From Sexual Offences Act, 2012 and Sections 9 and 10 of Prohibition of Child Marriage Act 2006, in Crime No.02 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the 1st petitioner and the victim girl were love each other and thereafter, the 1st petitioner had married the victim girl, who is minor, now, the victim girl is 6 months pregnant. Hence, the Social Welfare Officer had given a complaint before the respondent police and the same was registered.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
2/6
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioners and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact it is love affair also the fact that the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which, the order copy was made ready, before the learned Mahila Court, Pudukkottai,, on condition that each of the petitioner shall execute a separate 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Mahila Court, Pudukkottai, and on further conditions that:
3/6
(a) the petitioners and 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 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;
4/6
(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 05.02.2026 msrm Note: Issue order copy on 09.02.2026 To 1.The learned Mahila Court, Pudukkottai.
2.The Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
S,SRIMATHY,J msrm
ORDER
IN CRL OP(MD) No.2233 of 2026 05.02.2026 6/6