Govindhasamy @ Govindasamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Govindhasamy @ Govindasamy 2.Mani 3.Palmani 4.Palanisamy 5.Murugayee @ Murugayi ... Petitioners/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, All Women Police Station, Illupur, Pudukkottai District.
(Crime No.16 of 2024) ... Respondent/Complainant For Petitioners : Mr.D.Rameshkumar 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 Crime No.16 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5(l), 5(j)(ii) and 6(1) of the Protection of Child from Sexual Offences Act, 2012 and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 in Crime No.16 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner married the victim girl, knowing that she was a minor. The allegation against petitioner Nos.2 to 5 is that they assisted the first petitioner in solemnizing the said marriage. Hence, the complaint.
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 2/6
be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the fact that it is a child marriage 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, on condition that each of 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 Mahila Court, Pudukkottai, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar 3/6
card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for interrogation. [c]the petitioners shall not tamper with the 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].
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[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 13.10.2025 KSA To 1.The Mahila Court, Pudukkottai.
2.The Inspector of Police, All Women Police Station, Illupur, Pudukkottai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
S.SRIMATHY,J 5/6
KSA
ORDER
IN 13.10.2025 6/6