Saravanakumar v. The State Of Tamilnadu Rep By,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 16705 of 2025 Saravanakumar ..Petitioner Vs State Of Tamilnadu, Rep By The Inspector Of Police, Ilupur AWPS, Pudukkottai District.
(Crime No.15 of 2024) Respondent(s) For Petitioner(s):
Mr.B.Mahendrarajan For Respondent(s):
Mr.S.S.Manoj Government Advocate (Crl. Side) PRAYER :- For Anticipatory Bail in Crime No.15 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/8
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 5(1), 5(1)(ii), 6(1) and 9 of POCSO Act, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner married the victim minor girl and sexually assaulted her. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner married the victim minor girl. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. side) submitted that they got married.
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5. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioner married the victim minor girl this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. Accordingly, this petition is allowed and 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 Mahila Court, Pudukottai District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Mahila Court, Pudukottai District, failing which, the petition 3/8
for anticipatory bail shall stand dismissed and on further condition that:
(a) the petitioner 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 petitioner shall furnish his residential address and mobile number to the learned Mahila Court, Pudukottai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Mahila Court, Pudukottai District;
(c)the petitioner is directed to file an undertaking affidavit before the respondent police that they will register their marriage after the victim attaining majority and submit the marriage registration certificate before the respondent police;
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(d) the petitioner shall report before the respondent police as and when required for interrogation;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioner shall not abscond either during investigation or trial;
(g) 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 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] and;
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(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
26.09.2025 KSA 6/8
To 1.The Mahila Court, Pudukottai District.
2.The Inspector Of Police, Ilupur AWPS, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY.J., KSA Crl.O.P.(MD).No.16705 of 2025 Date : 26.09.2025 8/8