Krishnaraj M v. State Of Tamilnadu Rep By Inspector Of Police, Awps Oddanchatram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11133 of 2026 M.Krishnaraj ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS Oddanchatram Police Station, Dindigul District.

(Crime No.20 of 2026)

...Respondents/Complainant

For Petitioner : Mr.S.Vikraman Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 20 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Section 5(1), 5(j)(2, 6 of POCSO Act r/w Section 9 of TN Prohibition of Child Marriage Act, in Crime No.20 of 2026, on the file 1/6

of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein under the pretext of marriage by using his falsifying words, is said to have induced the alleged victim who is minor and by using such false pretext is said to have inflicted penetrative sexual assault upon her. Thereafter, marriage was also solemnized with her at the behest of the parents of the petitioner ad the victim's family members. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The victim is aged about only 14 years. The petitioner married the minor victim girl and also having sexual intercourse with her and now a male child was also born to them. At the time of delivery, from the hospital it was informed to the Social Welfare Department and they gave the complaint. The petitioner has no previous case. Investigation is still 2/6

pending. He vehemently opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, the statement of the victim girl under Section 183(5) of BNS has been recorded, the petitioner has no previous case and considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Sessions Judge, Special Court of POCSO Act Cases, Dindigul, 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 learned Magistrate concerned and on further condition that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days, thereafter as and when required for interrogation:

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[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 15.06.2026 TM To 1.TheSessions Judge, Special Court of POCSO Act Cases, Dindigul. 2.The Inspector of Police, AWPS Oddanchatram Police Station, Dindigul District.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 11133 of 2026 Date : 15.06.2026 6/6