← Library
Madras High CourtCRL OP(MD)/12011/2025allowed

Chellamuthu v. The State Of Tamilnadu, Rep. By Its The Inspector Of Police,

2025-07-23Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Chellamuthu, S/o.Kumaravel 2.Chandrasekar, S/o.Srinivasan 3.Kumaravel, S/o.Sangili 4.Gomathi, W/o.Chandrasekar ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

(Crime No.8 of 2025) ... Respondent/Complainant 1/6

For Petitioners : Mr.N.Ananda Kumar, 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.8 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9 and 10 of the Child Marriage Act in Crime No.8 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 12.07.2024, between 6.00 a.m. and 7.30 a.m., a marriage was solemnized between a minor girl and the 1st petitioner in the presence of their parents and relatives at Narthamalai Mariamman Kovil. Hence, the present case.

2/6

3. The learned counsel appearing for the petitioners submitted that the victim girl is the 1st petitioner's uncle's daughter. Since the 3rd petitioner, who is the father of the 1st petitioner, is suffering from several health issues, only an engagement ceremony was held at the temple. The victim girl is presently pursuing her studies in school. Solely based on rumours, the present case has been registered against the petitioners. He further submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submitted that a marriage was solemnized between the 1st petitioner and the victim girl, who is aged about 16 years. The 2nd and 4th petitioners are the father and mother of the victim girl, and the 3rd petitioner is the father of the 1st petitioner. He further submitted that the victim girl is presently pursuing her studies in school. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioners, and also taking note of 3/6

the fact that the victim girl is presently pursuing her studies, 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, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Keeranur, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each 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, Keeranur, 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 furnish their residential address and mobile number to the learned Judicial Magistrate, Keeranur.

(c) the petitioners shall report before the respondent police daily at 10.30 a.m. 4/6

until further orders;

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

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 23/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE, KEERANUR.

5/6

2.THE CHIEF JUDICIAL MAGIStrate, PUDUKkottai DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

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

+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-8021[I] dated 25/07/2025 )

ORDER

IN CRL OP(MD) No.12011 of 2025 Date :23/07/2025 NM/14.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6