Nagaraj, Vs State Of Tamilnadu Rep By Inspector Of Police, Awps-Ilupur

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(1), 5(j)(ii) and 6(1) of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, in Crime No.30 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner had married the minor victim girl who is aged about 18 years and thereafter, he had sexual intercourse with her. Hence, the complaint.

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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. Hence, he seeks anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor submitted that there is

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no previous case pending against the petitioner. However, he opposed for

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grant of anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case and also the fact it is love affair between the petitioner and the victim girl and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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6.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 Mahila Court, Pudukottai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

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[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;

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[b] the petitioner shall report before the respondent police as and when required for interrogation;

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

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

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[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) 27.11.2025

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