Ragupathi Raja Vs The State of Tamil Nadu

The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Thirupparankundram, Madurai City. Crime No. 2/2025. ... Respondent/Complainant

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For Petitioner : Mr. D.Rameshkumar

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Advocate

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For Respondent : Mr.S.S. Manoj

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Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :-

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For Anticipatory Bail in Crime No.2 of 2025 on the file of the respondent Police.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.4044 of 2025

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ORDER : The Court made the following order :-

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This Criminal Original Petition has been filed by the petitioner on 28.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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The petitioner / sole accused apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 9(1) of Prohibition of Child Marriage Act, 2006 and Sections 5(1) 5 (n) and Section 6 of POCSO Act, 2012 in Crime No.2 of 2025 on the file of the respondent-police.

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The case of the prosecution is that the petitioner married a minor girl and had a sexual intercourse with her. Hence, the case.

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Mr.D. Rameshkumar, the learned counsel for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.4044 of 2025

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Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the investigation of the case is still pending and therefore, at this stage, if pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and witnesses and commit the similar offence. Accordingly, he prays to dismiss this Criminal Original Petition.

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Heard on both sides. This Court has perused the records.

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This Court has perused the statement of the victim recorded under Section

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183 of BNSS and also the First Information Report. The petitioner has permanent residence and deep roots in the society. Therefore, there is less possibility for absconding. Considering the same, and also considering the relationship between the petitioner and the victim's family, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions.

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(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned District and Sessions Judge, POCSO

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Act, Madurai, within a period of 15 days from the date on which the order copy is 3/6

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.4044 of 2025 made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned District and Sessions Judge, POCSO Act, Madurai.

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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned District and Sessions Judge, POCSO Act, Madurai, shall obtain a copy of any one of identity proofs to ensure their identity.

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(iii) The petitioner shall appear and sign before the respondent-Police on all working days at 10.00 am until further orders.

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(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

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(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.4044 of 2025

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(vi) The petitioner shall not leave India without the previous permission of the Court.

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(vii) The petitioner shall not directly or indirectly cause any threat to witnesses and shall also not tamper with the evidence.

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(viii) The petitioner shall furnish his residential address and mobile number to the learned District and Sessions Judge, POCSO Act, Madurai.

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(ix) On breach of any of the aforementioned conditions, the learned learned District and Sessions Judge, POCSO Act, Madurai is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283] .

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