Ayyammal v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Ayyammal 2.Kanimozhi .. Petitioners/ A3 &A4 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Andipatti Police Station, Theni District.
(Crime No.551of 2025) ... Respondent/Complainant For Petitioners : Mr.B.Arun For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.551of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/6
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 87 & 127(4) of BNS, 2023 r/w. Sections 9, 10 of Child Marriage Act, r/w Section 5(l), 6 and 17 of POCSO Act, in Crime No.551 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant's daughter and the son of the 1st petitioner fell in love with each other and she did not return home after attending college. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offences as alleged by the prosecution, and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that A1 was already arrested and still in custody. Hence, he opposed for 2/6
grant of anticipatory bail to the petitioners.
5. Earlier occasion, the victim was directed to appear before this Court. Today, the victim/defacto complainant 's daughter appeared and she specifically stated that she is not ready to marry the first accused. The said statement is recorded.
6. Considering the facts and circumstances of the case and also the fact that the present petitioners are mother and sister of A1, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned District Sessions Judge, Special Court for POCSO Act Cases, Theni, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: 3/6
[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 card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 a.m for a period of one month and thereafter, 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 4/6
[(2005)AIR SCW 5560]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
05.01.2026 PJL To 1.The District Sessions Judge, Special Court for POCSO Act Cases, Theni.
2. The Inspector of Police, Andipatti Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN 05.01.2026 6/6