Karuppu Raja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Karuppu Raja ... Petitioner Vs State of TamilNadu rep. by The Inspector of Police, Paramakudi Town Police STation, Ramanathapuram District.

(In Crime No.117 of 2025) ... Respondent For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.117 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner/ Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section Girl Missing @ under Section 5(1) r/w 6 of POCSO Act and 9 of the Prohibition of Child Marriage Act in Cr.No.117 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 06.01.2025 at about 8.00 a.m., the victim girl, who is the daughter of the defacto complainant, went to her college through College bus, thereafter, she did not come to home. Therefore, FIR in Crime No.4 of 2025 was registered as against the petitioner. Thereafter, the victim girl was handed over to the defacto complainant on 15.02.2025. In such circumstances, again on 18.04.2025 at about 06.00 a.m., the victim girl informed the defacto complainant, as if she is going to walk in the terrace. Thereafter, she was missing from the home. Hence the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner did not involve in any of the offences as alleged by the prosecution. The petitioner is an innocent and she is falsely implicated in this case. The petitioner is ready to abide by 2/6

any conditions to be imposed by this Court. He, therefore, prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that it is the case of love affair and the victim girl eloped with the petitioner. It is the second occasion. On earlier occasion, a case was registered in Crime No.4 of 2025 against the petitioner and he got anticipatory bail before this Court in Crl.O.P.(MD)No.4895 of 2025, dated 21.04.2025, where the petitioner was directed to appear before the respondent Police and co-operate with the investigation. In compliance of the same, the petitioner has appeared before the respondent Police.

5.He would further submit that the occurrence was taken place on 18.04.2025 and on the very next day ie., 19.04.2025, the victim girl attained majority. Further, medical test has been conducted and investigation is almost completed.

6. Considering the fact that the victim girl now attained majority and considering the stage of the investigation, this court is inclined to grant anticipatory bail to the petitioner with certain conditions: 3/6

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Paramakudi, on condition that the petitioner shall execute a 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 weekly twice ie., Monday and Friday at 10.30a.m. until further orders. [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 4/6

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

Sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Yuva TO 1.The Judicial Magistrate , Paramakudi.

2 Do through the Chief Judicial Magistrate, Ramanathapuram 3.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.5415 dt 09.05.2025

ORDER

IN CRL OP(MD) No.7651 of 2025 Date :08/05/2025 RK (14/05/2025) 6 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6