Srikanth v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Srikanth, S/o.Pramaiya ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District.

(Crime No.16 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Balasubramanian, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.16 of 2025 on the file of the Respondent Police. 1/7

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences under Section Girl Missing @ 87, 137(2) of BNS, 2023 in Crime No.16 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the victim is a minor girl aged 17 years. The petitioner came to know her through social media. On 09.04.2025, the petitioner kidnapped her and took her to his native place, namely Pudukottai, where they stayed at his relative's house. On the following day, the victim was handed over to the AWPS, Pudukottai, by his relatives. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. In fact, the petitioner and the victim girl developed a love relationship through Instagram. Once their relationship came to the knowledge of the de-facto complainant and her family, the victim girl pressurized the petitioner to take her to his home. Acting under the pressure exerted by the victim girl, the petitioner is said to have taken her to his aunt's house and advised her to return to her parental home. On the very next day, the victim girl was surrendered before the All Women Police Station, 2/7

Pudukottai, to facilitate her reunion with her family. Per contra, the de-facto complainant, in order to wreak vengeance against the petitioner, lodged the present complaint as if it were a case of kidnapping. He further submitted that the statement of the victim girl under Section 164 of Cr.P.C. has been recorded, which clearly indicates that no sexual assault had occurred. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) fairly concedes that no sexual assault had occurred. He submitted that it is a case of a love affair, and the petitioner is aged about 19 years and the victim girl is aged about 17 years. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact it is a case of a love affair, and that the statement recorded from the victim girl indicates no sexual assault had occurred, and that as the date of occurrence is 09.04.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory 3/7

bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on 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 learned Judicial Magistrate, Nanguneri, Tirunelveli District, 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 Judicial Magistrate, Nanguneri, Tirunelveli District, 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Nanguneri, Tirunelveli District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Nanguneri, Tirunelveli District; 4/7

(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) 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; 5/7

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

sd/- 02/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NANGUNERI, TIRUNELVELI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL OP(MD) No.10053 of 2025 Date :02/07/2025 PR/10.07 .2025 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7