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Madras High CourtCRL OP(MD)/23344/2025granted

Karan v. State Of Tamilnadu Rep By Inspector Of Police, Kannivadi

2025-12-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Karan, S/o.Chinnadurai, ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Kannivadi Police Station, Dindigul District.

(Crime No.239/2025). ... Respondent/Complainant For Petitioner : Mr.M.Vijaya Ragavan, For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.239/2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 03.10.2025 for the offences punishable under Sections Girl Missing @ under Section 87 of BNS, 2023 and under Section 9 of Prohibition of Child Marriage Act, 2006 and under Section 5(1) r/w Section 6 of Protection of Children for Sexual Offences Act, 2012 in Crime No.239 of 2025 on the file of the respondent police, seeks bail.

2. The prosecution's case is that the petitioner and the victim girl loved each other and in continuation of the same, they eloped and performed child marriage and he committed penetrative sexual assault against her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 03.10.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that 164 of Cr.P.C., statement supporting the case of the prosecution.

5. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul 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.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 17.12.2025 tta 4/6

TO

1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul

2. The Superintendent, District Jail, Dindigul.

3.Inspector of Police, Kannivadi Police Station, Dindigul District.

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

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S.SRIMATHY,J tta

ORDER

IN CRL OP(MD) No.23344 of 2025 Date : 17/12/2025 6/6