V. Nandhagopal v. The State Of Tamilnadu Rep. By

S.SRIMATHY, J.

This matter is listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that this Court has granted interim anticipatory bail to the petitioner on 04.09.2025. At that time, as per the order of this Court, sureties are furnished by the petitioner before the concerned Magistrate. Subsequently, vide order dated 25.11.2025, this Court has granted anticipatory bail to the petitioner. In that order also there is a condition to furnish sureties. Hence, he seeks a direction that already existing surety may be accepted by the learned Magistrate.

3. The said submission is accepted and the Registry is directed to substitute para No.5 & 6 as follows:

"5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the victim has delivered a child, the interim anticipatory bail 1/10

already granted is made absolute. The sureties already furnished by the petitioners before the learned Magistrate is suffice.

6. Accordingly, this Petition is allowed".

The other portions of the order remains intact.

4. Accordingly, the Registry is directed to carry out the above said corrections in the order dated 25.11.2025 in CRL OP(MD)No.13835 of 2025 and issue fresh order copy.

19.01.2026 PJL 2/10

S.SRIMATHY, J.

PJL 19.01.2026 3/10

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. V.Nandhagopal

2. K.Vijayagopal

3. V.Thamilarasi ... Petitioners/Accused

Versus

The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Karur District.

(Crime No.29 of 2025) ... Respondent/Complainant For Petitioners : Mr.Mathan Karthick.M For Respondent : Mrs.M.Aasha Government Advocate (Crl. Side) For Intervenor : Mr.B.Santhanam Rajesh Kumar 4/10

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.29 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, 10 of Prohibition of Child Marriage Act r/w. Section 7, 5(1), 5(1)(II), 8, 6, 17 of POCSO Act r/w. Section 318(2), 85 of BNS and Section 4 of Tamil Nadu prohibition of Harassment of Women Act, in Crime No.29 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner married the defacto complainant, who was about 17 years old at the time of the marriage, and she subsequently delivered a baby. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of 5/10

anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the first petitioner married the defacto complainant, who was about 17 years old at the time of the marriage, and she subsequently delivered a baby.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the victim has delivered a child, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioner 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 Additional Sessions Mahila Court, Karur, 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 6/10

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 petitioners shall report before the respondent police as and when required for 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 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;

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

(S S Y J) 25.11.2025 jbr To

1. The Additional Sessions Mahila Court, Karur.

2. The Inspector of Police, All Women Police Station, Karur District.

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

8/10

9/10

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.13835 of 2025 Date : 25.11.2025 10/10