Raja v. The State Of Tamilnadu, Rep. By The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Raja ... Petitioner/Accused Vs The State of Tamilnadu, Rep., By the Sub Inspector of Police,, Ponnamaravathi Police Station, Pudukkottai District.

(In Crime No.110 of 2025). ... Respondent/Complainant For Petitioner : Mr. N Palaniyandi, Advocate For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.110 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 137 of BNS, 2023 which corresponding to under Section 359 IPC and under Sections 9 and 10 of Child Marriage Act and 5(1) r/w. 6(1) of POCSO Act, 2012 in Crime No. 110 of 2025 on the file of the respondent, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein is said to have married the victim girl, who is the minor. Hence, the complaint.

3. The learned Government Advocate (crl. side) would submit that it is a case of child marriage and the co accused viz., A1 to A5 have already been released on bail and the case is under investigation.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

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5. Considering the facts and circumstances of the case and also the fact that co-accused have already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Sessions Judge, Mahila Court, Pudukkottai, Pudukkottai District within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; 3/6

[b] the petitioner shall report before the respondent Police as and when required for interrogation.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner 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 petitioner is 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) 10.11.2025 TRP TO

1. The Sessions Judge, Mahila Court, Pudukkottai, Pudukkottai District

2. The Sub Inspector of Police,, Ponnamaravathi Police Station, Pudukkottai District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.19786 of 2025 Date : 10/11/2025 6/6