Bharathidasan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.16179 of 2025
1. Bharathidasan
2. Nadarajan
3. Ganesan ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Nagudi Police Station, Pudukkottai District.
(Crime No.117 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.C.Maniyarasu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.117 of 2025 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 12.07.2025 for the offences punishable under Sections 107, 211, 238 of BNS Act, Sections 9, 10, 11 of Prohibition of Child Marriage Act 2006 and 5(1) r/w 6(1) of Protection of Children From Sexual Offences Act, 2019, in Crime No.117 of 2025 on the file of the respondent police. seek bail.
2. The case of the prosecution is that the defacto complainant is the mother of the deceased/victim girl. Further, the marriage was solemnized between the second daughter of the defacto complainant who is aged about 17 years with the first accused/1st petitioner and they were living separately in Tirupur. On 06.07.2025 the brother of the defacto complainant had informed her that her daughter committed suicide by hanging on 05.07.2025 due to the harassment made by the accused persons and the body was cremated without informing to any one. Hence, the complaint.
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3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 12.07.2025. Hence, he seeks bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that there is no previous case pending as against the petitioners. However, he opposed for grant of bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction 3/6
of the Mahila Court, Pudukkottai, and on further conditions that :- [a] 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 appear before the respondent police twice in a month ie., on 1st and 15th working day of every month at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness 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 petitioners 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]. 4/6
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(S S Y J) 25.09.2025 msrm To
1. The Mahila Court, Pudukkottai.
2. The Superintendent, Central Prison, Trichy.
3. The Inspector of Police, Nagudi Police Station, Pudukkottai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
msrm
ORDER
IN CRL OP(MD) No.16179 of 2025 Date : 25.09.2025 6/6