Vijay Vs State, Rep. by The Inspector of Police

PRAYER: To enlarge the Petitioner on bail, in the event of his arrest by the Respondent Police, pending investigation of the case in Crime No.192 of 2025 on the file of the Respondent and thus render justice.

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For Petitioner(s): Vijayaragavan Marimuthu For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side)

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

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CRL OP No. 4017 of 2026

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ORDER

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections girl missing @ 137(2) of BNS, 2023 and 5(l) r/w. Section 6 and 16 r/w. 17 of Protection of Children from Sexual Offences Act, 2012 in Crime No.192 of 2025, seeks anticipatory bail.

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The allegation against the petitioner is that the petitioner herein approached the victim girl aged about 14 years and kidnapped her to his friend's house and stayed there. On the next day, the friends of the victim called her and informed that her father would likely lodge a complaint. Hence, she was dropped to the police station by the petitioner’s relative. Thereafter, the case has been registered.

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3 . The learned counsel for the petitioner submitted that the petitioner herein is also aged only 19 years and there is no sexual assault made on the victim girl and the victim is secured and is ready to co-operate with the investigation. Hence, he prays for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case, and reported that the

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

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CRL OP No. 4017 of 2026

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investigation in this case has just begun and the statement of the victim girl is also recorded and she has also produced a statement of the victim girl. Hence, opposed to grant anticipatory bail to the petitioner.

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I have gone through the statement recorded from the victim girl and she has narrated various incidents and also the way in which the petitioner has kidnapped her; however, considering the statement of the victim girl, this Court is of the view that custodial interrogation of the petitioner is not necessary, hence, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Sessions Judge, Mahila Court, Perambalur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

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(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand

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

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CRL OP No. 4017 of 2026

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automatically cancelled;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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(f) the petitioner shall not enter into the jurisdictional limit where the victim girl is residing and the petitioner shall also cooperate with the medical examination if any required.

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18-02-2026

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MPA

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

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CRL OP No. 4017 of 2026

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To