Selvaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.8976 of 2026 Selvaraj ... Petitioner / A4 Vs.

The State of Tamilnadu, Rep by the Sub-Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

(Crime No.2 of 2026) ... Respondent / Complainant PRAYER :- Criminal Original Petition filed under Section 482 of the BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police or surrender before the learned Judicial Magistrate in Crime No.2 of 2026 on the file of the respondent police. For Petitioner :

Mr.C.Santhosh Kumar For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

ORDER : The Court made the following order :- The petitioner/A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5(l), 5(m), 6(1), 16, 17, 19 and 21(1) of the Protection of Children from Sexual Offences Act, 2012, in Crime No.2 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the victim girl, aged about 11 years and studying in the 7th Standard, was sought to be married to A1, who, despite being fully aware that she was a minor, had sexual intercourse with her on several occasions. Thereafter, the petitioner, being the father of the victim girl, along with others, arranged the marriage between the victim and A1. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by 2/6

this Court. He further submitted that the petitioner is the father of the victim girl. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has been arrayed as A4. He further submitted that the petitioner, along with other accused persons, arranged the marriage between the victim girl, who was a minor, and A1. He also submitted that A1 had sexual intercourse with the victim on several occasions. He further submitted that the petitioner has no previous criminal antecedents. However, he opposed the grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the fact that the petitioner is the father of the victim girl, and also considering the fact that the case pertains to a child marriage, and that there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order made ready, before the learned Additional Mahila Court, Pudukkottai, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 daily at 10.30 a.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 4/6

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 Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 06.05.2026 pal To 1.The Additional Mahila Court, Pudukkottai.

2.The Sub-Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

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

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S.SRIMATHY,J.

pal

ORDER

IN CRL OP(MD) No.8976 of 2026 Date : 06.05.2026 6/6