Priya v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Priya
2. Murugesan ... Petitioners/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Cantonment All woman Police Station, Trichy City.
(Crime No.08 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Veerapandiselvaraj 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.08 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(l), 5(j)(ii) r/w 6(i) of Protection of Child From Sexual Offenders Act, 2012 and 9 and 10 of Child Marriage Act 2006, in Crime No.08 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the 1st accused had married the victim girl who is about 17 years, now she has become pregnant. Hence, the complaint.
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 1st petitioner is the sister of 1st accused and the 2nd petitioner is the husband of the 1st petitioner. 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 and the victim is pregnant. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and 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 arrest or on their appearance, on condition that each of 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 learned Mahila Sessions Judge, Special Court for Exclusive Trial of Cases Under POCSO Act, Trichy, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar 3/6
card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for interrogation; [c]the petitioners shall not tamper with the 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
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To 1.The learned Mahila Sessions Judge, Special Court for Exclusive Trial of Cases Under POCSO Act, Trichy 2.The Inspector of Police, Cantonment All woman Police Station, Trichy City.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J msrm
ORDER
IN CRL OP(MD) No.9182 of 2025 08.09.2025 (2/2) 6/6