Thirupathy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN 1.Thirupathy 2.Mookan 3.Rani 4.Muthu 5.Poongothai ... Petitioners Vs State of TamilNadu rep. by The Inspector of Police, AWPS-Ilupur, Pudukkottai District.
(In Crime No.05 of 2025) ... Respondent For Petitioners : Mr.B.Anandan 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.5 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.1 to 5, who apprehend arrest at the hands of the 1/4
respondent police for the offences punishable under sections 5(I), 5(j)(ii) r/w 6(1) of POCSO Amendment Act 2019 and Sections 9 and 10 of Prohibition of Chiild Marriage Act, 2006 in Cr.No.5 of 2025 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 15.05.2024, the marriage was arranged and conducted between the 1st accused, who is the son of the accused Nos.2 and 3 and one Gunavathy, aged about 17 years, who is the daughter of the accused Nos.4 and
5. Hence the complaint.
3.The learned Counsel for the petitioners would submit that the petitioners did not involve in any of the offences as alleged by the prosecution. The petitioners are ready to abide by any conditions to be imposed by this Court. He, therefore, prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the victim girl attained majority on 11.05.2025 and she is now residing with the 1st accused.
5. Considering the facts and circumstance of the case and considering the statement recorded from the victim girl under Section 183(5) BNSS, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:
6. Accordingly, the petitioners are ordered to be released on anticipatory bail 2/4
in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Mahila Court, Pudukkottai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 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 petitioners shall report before the respondent Police weekly twice ie., Monday and Friday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 3/4
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 Judge, The Mahila Court,Pudukkottai.
2.The Inspector of Police,AWPS - Ilupur, Pudukkottai District. 3.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.B.ANANDAN, Advocate ( SR-5456[I] dated 09/05/2025 ) ORDER IN CRL OP(MD) No.8046 of 2025 Date :08/05/2025 PP/26.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4