M.Sureshkumar v. The State Of Tamilnadu Rep. By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.13543 of 2025

1. M.Sureshkumar

2. Marikannu @ Marikannan

3. Rukumani ... Petitioners/ Accused No.1, 3 & 4 Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Kovilpatti, Tuticorin District.

... Respondent/Complainant For Petitioners : Mr.G.Mathavan For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.27 of 2025 on the file of the respondent police.

(Amended as per order of this Court dated 21.08.2025 in Crl.O.P.(MD)No.123543 of 2025) 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 5(1), 5(n), 6 of Protection of Child from Sexual Offences Act, 2012 and Section 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No.27 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner married the defacto complainant, who is a minor,. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He further submitted that the marriage 2/6

took place with the consent of both families. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner married the defacto complainant, who is a minor.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the marriage took place with the consent of both families, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kovilpatti, Tuticorin District, 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 to the Police 3/6

Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the first petitioner shall report before the respondent police daily at 10.30 a.m until further orders. The second and third petitioners shall report before the respondent as and when required for interrogation. They have to co-operate for the investigation;

(c) the petitioners shall not tamper with 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 petitioner in accordance with law as if the conditions have been imposed and the petitioners released on 4/6

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) 17.09.2025 jbr To

1. The Judicial Magistrate No.I, Kovilpatti, Tuticorin District.

2. The Inspector of Police, All Women Police Station, Kovilpatti, Tuticorin District.

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

5/6

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.13543 of 2025 Date : 17.09.2025 6/6